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www.buildhoustononline.com   Build Houston Magazine • December 2011 / January 2012   •   1
Letter From the Chair

                                Dear Reader,
                                I am happy to say that 2011 has been a very successful year for the ABC Greater Houston Chapter!
                                This success is due to the outstanding participation of our members and the dedication of the ABC
                                staff. In the beginning of the year, we were expecting some challenges that would make it difficult to
                                reach the 2011 goals set before the association. Despite a dire economic outlook for the construction
                                industry, the hard work and efforts of our members helped the association not only achieve but
                                exceed our goals.


                                 During the planning session for 2011, we wanted to make some changes to events and committees.
                                 One of the committee changes was the creation of the Young Professionals Committee, which attracts
                                 new leaders into active roles within the association to ensure continued growth and energy. We
                                 also implemented some changes in our speaker line up this year and attendance for these events
                                 was outstanding. The ABC National Economist, Anirban Basu, gave a presentation on the economic
          adams                  outlook for the construction industry in which he stated that Houston remains one of the brightest
                                 areas of the country for the construction industry. This year, the Excellence In Construction Awards
drew over 400 attendees who recognized 46 projects that demonstrated the abilities of ABC members in building the best and highest
quality projects in the Houston area.


The Greater Houston Chapter, ABC of Texas and ABC National have been working to influence the political arena to benefit our members
in conducting business in a fair market. This year was a year that demonstrated these efforts with the success ABC had on the State
level—passing 9 bills that ABC supported which made changes favorable to our members. Also, in this previous Texas Legislature, ABC
of Texas passed two bills that originated from the Greater Houston Chapter. ABC National, along with the Free Enterprise Alliance
(FEA) and Political Action Committee (PAC), influenced the elections of Congressional members, nationwide, who have views that are
aligned with free enterprise. I urge ABC members to stay active in the 2012 political year because our organization can and has made
a difference on Election Day.


For me, this year has been very fulfilling and I have enjoyed my time as Chairman of ABC. It has been an honor to serve as the 2011
Chairman of ABC Greater Houston. I truly enjoyed getting to know all the individuals and companies that are active within ABC during
my term. I want to welcome Dwayne Boudreaux as the 2012 Chairman and will give him all the support that he requests.




Neil Adams
2011 ABC Greater Houston Chairman
Senior Project Executive
Gilbane Building Company




                     Mark Your Calendar For The Following Events and Training Opportunities!
December 7 - ABC Membership Orientation                            January 11 - Inaugural Dinner
December 8 - 4 Hour Electrical Renewal                             January 12 - 2012 Construction Leadership Form Begins
December 10 - Rigger Performance Verification (hands on)           February 6 - CMEF Board Meeting/Planning Conference
December 13 - PAC Holiday Party                                    March 12 - Spring Golf Tournament
January 10 - Lee College Registration


                              Visit www.abchouston.org or scan the Quick Reference Code with
2   •   Build Houston Magazine • Decemberyour Smart Phone for more information.
                                          2011 / January 2012                                           www.buildhoustononline.com
aBC Leadership
                                                                                                                                                                   Chairman
                                                                                                                                                                  Neil adams
                                                                                                                                                           Gilbane Building Company
                                                                                                                                                                 Chairman Elect
                                                                       december 2011/January 2012
                                                                                                                                                         turner industries Group, LLC
                                                                                                                                                                  Vice Chairman
                                                                                                                                                                    Lohn Zylicz
                                                                                                                                                               d.e. harvey Builders

                                                      FEATURES:                                                                                                    Secretary
                                                                                                                                                                 tim ricketts
                                                                                                                                                            Cajun Constructors, Inc.
                                                      Pave Today, Drive Today: Satterfield and Pontikes provides an                                                    Treasurer
                                                      alternative to traditional paving through Rollcon, LLC                                                         tasos Banos
                                                                                                                                                                     TDIndustries
                                                      Learn how Satterfield and Pontikes’ subsidiary Rollcon LLC is cutting days
                                                                                                                                                               Past Chairman
                                                      and even weeks off of projects with their roller-compacted concrete                                     Wayne Navarro
                                                      process. (P15)                                                                                    S&B Engineers & Constructors

                                                                                                                                                       2011 Board oF direCtors
                                                                                                                                                                      Mike Abshire
                                                                                                                                                                  Fugro Consultants, Inc.



DEPARTMENTS:
                                                                                                                                                                      Brian Anderson
                                                                                                                                                                G.R. Birdwell Construction
                                                                                                                                                                      Barry Babyak
                                                                                                                                                                   Austin Industrial, Inc.
                                                                                                                                                                     Roger Berry
LEgaL NEws                                                                                                                                                    SpawGlass Construction Corp.
                                                                                                                                                                      Kevin Bordelon
4            IRS Offers Amnesty to Employers Who Misclassify Employees as Independent Contractors                                                                  Zachry Industrial, Inc.
                                                                                                                                                                      Jeff Burnett
                                                                                                                                                               Marsh & McLennan Agency
6            New Enforcement Procedures For Investigating Workplace Violence                                                                                           Art Canales
                                                                                                                                                           Chamberlin Roofing & Waterproofing
                                                                                                                                                                       Matt Daniel
INDusTRY NEws                                                                                                                                                    Skanska USA Building Inc.
                                                                                                                                                                       Darlene East
                                                                                                                                                                        Holes Inc.
10           2012 and Beyond: Houston’s Economy Remains Among the Nation’s Best Performers                                                                          John Golashesky
                                                                                                                                                               Turner Industries Group, LLC

FINaNCIaL NEws                                                                                                                                                       Tom Kramer
                                                                                                                                                            Manhattan Construction Company
                                                                                                                                                                       Tad Lewis
                                                                                                                                                            McCarthy Building Companies, Inc.
16           Soothing the Health Care Cost Headache
                                                                                                                                                                      Bruce Marek
                                                                                                                                                               Marek Brothers Systems, Inc.
18           Fleet Management: Warranty & Responsibility                                                                                                               John Marshall
                                                                                                                                                             Satterfield & Pontikes Constr. Inc.
                                                                                                                                                                       Joe Mendyk

saFETY NEws                                                                                                                                                        Turner Construction
                                                                                                                                                                       James Morris
                                                                                                                                                                          Jacobs
20           Party Time! Safety Concerns to Think About During the Holiday Season                                                                                   Bob Nussmeier
                                                                                                                                                            Baker Concrete Construction, Ind.
                                                                                                                                                                        Jim Owrey
22           Do You Have a Vitamin C Safety Deficiency?                                                                                                        E. E. Reed Construction, L. P.
                                                                                                                                                                       Rodney Page
                                                                                                                                                                       Ref-Chem L.P.
assOCIaTION NEws                                                                                                                                                         Pat Pollard
                                                                                                                                                                    Tellepsen Industrial

24           ABC Members Recruit 27 New Members Using Social Media Campaign                                                                                          Wendell Rychlik
                                                                                                                                                                    W.T. Byler Company
                                                                                                                                                                         Billy Spies
IN ThE KNOw                                                                                                                                                                  KBR
                                                                                                                                                                    Christina Stone
                                                                                                                                                              Gaughan, Stone & Thiagarajan
26           People On The Move; Special Recognition; Project News & Company News                                                                                      Jody Vowell
                                                                                                                                                              Accurate Comfort Systems USA
                                                                                                                                                                      Mark Williams
                                                          INDEx OF ADVERTISERS                                                                                  Foster Wheeler USA Corp.
                                                                                                                                                                      Ronnie Wills
Aggregate Technologies Inc. ................................ 12              Memorial Hermann Southeast ............................ 25                        Aggregate Technologies, Inc.
BIC Alliance .......................................................... 9    Mobil Steel International, Inc. ............................. 8
Cokinos, Bosien & Young ..................................... 16             Porter Hedges LLP ............................................... 13              Build Houston Magazine
                                                                                                                                                              3910 Kirby Drive, Suite 131
Craig & Heidt, Inc................................................. 17       Professional Shoring & Supply............................. 11                      Houston, Texas 77098
Digitex Corporation ............................................. Insert     Rig-Up Services, Inc. ............................................ 7                   (713)523-6222
                                                                                                                                                             www.buildhoustononline.com
E3 Electric, Ltd. .................................................... 5     Safety By Design .................................................. 13      Publisher/Owner: Associated Builders
ExperTox .............................................................. 17   Satterfield & Pontikes Construction .................... 15                   & Contractors of Greater Houston
                                                                                                                                                          Executive Editor: Jennifer Woodruff
Holes Incorporated .............................................. 14         Scott-Macon, Ltd. ................................................ 6              Assistant Editor: Diem Le
ISC Constructors, LLC ........................................... 28         TCA/The Compliance Alliance L.P. ....................... 19                   Account Manager: Janice Peters
                                                                                                                                                       Graphic Design: Woodruff / Le
Marek Brothers Systems, Inc. .............................. 12               Texas Mutual Insurance Co. ................................. 7
                                                                                                                                                          Interested in Residential Construction
                                                                                                                                                         News? Call the Greater Houston Builders
     www.buildhoustononline.com                                                                           Build Houston Magazine • December 2011 /    January 2012               •       3
                                                                                                                                                        Association and ask about Houston Builder
                                                                                                                                                               Magazine at (281) 970-8970.
LeGaL NeWs

  IRS Offers Amnesty
   to Employers Who
Misclassify Employees as
Independent Contractors

T
           he Internal Revenue Service (IRS) launched a new Voluntary
           Compliance Settlement Program (VCSP) to enable
           employers to resolve worker misclassification issues by
paying a small amount of tax in exchange for reclassification of
independent contractors as employees on a forward-going basis.
See IRS Announcement 2011-64. To be eligible for the VCSP, an
employer must:
     • Consistently have treated the workers in the past as
          nonemployees;
     • Have filed all required Forms 1099 for the workers for the
          previous three years; and
     • Not currently be under audit by the IRS, the Department of
          Labor, or a state agency concerning the classification of the
          workers at issue.


Eligible employers may apply by filing Form 8952, Application
for Voluntary Classification Settlement Program, at least 60 days          “Eligible employers may apply by
before they want to begin treating the workers as employees. The
IRS will first determine whether the employer is eligible, and, if
                                                                           filing Form 8952, Application for
so, contact the employer to complete the process. The IRS retains         Voluntary Classification Settlement
discretion to reject any employer from the VCSP, even if the               Program, at least 60 days before
employer otherwise meets the basic eligibility criteria.
                                                                            they want to begin treating the
The Benefit
                                                                                workers as employees.”
Employers who participate in the VCSP must agree to prospectively
                                                                             •   Will not be subject to an employment tax audit with
treat the class or classes of workers as employees for future tax
                                                                                 respect to the previous classification of the workers being
periods. In exchange, the employer:
                                                                                 reclassified under the VCSP.
     •    Will pay only 10% of the employment tax liability that
          would otherwise have been due on compensation paid
                                                                          Participating employers will, for the first three years under the
          to the workers for the most recent tax year, determined
                                                                          program, also be subject to a special six-year statute of limitations,
          under the reduced rates of section 3509(a) of the Internal
                                                                          rather than the three-year limitation period that generally applies
          Revenue Code (IRC);
                                                                          to payroll taxes. In addition, while no payment is due with the
     •    Will not be liable for any interest and penalties on the
                                                                          application, full and complete payment will be due at the time the
          amount; and
                                                                          VCSP closing agreement is returned to the IRS.

 4    •    Build Houston Magazine •    December 2011 / January 2012                                             www.buildhoustononline.com
LeGaL NeWs
Potential Drawbacks
Employers currently undergoing any audit regarding questionable            workforce development agency into a claim for unemployment
classes of workers should think carefully about participating in the       benefits would constitute an audit for purposes of the VCSP. The
VCSP. By applying for the VCSP, employers forego their rights to           IRS will likely provide further clarification of how the VCSP will
assert “safe harbor” relief under Section 530 of the Revenue Act           work, such as whether unemployment benefits audits constitute
of 1978 in the future, and thus potentially maintain independent           an audit or whether the three year statute extension applies to
contractor status for the workers. Also, if the IRS does not accept        all employment taxes or only the particular classification at issue.
the employer’s application to participate in the VCSP, a roadmap
has been provided to the IRS for a future audit. Of further                Firmwide:104497828.1 800000.1000

concern, however, is that the three-year extension of the statute
of limitations appears to apply to employment taxes generally,
and not merely the classification of workers subject to the VCSP,                                              aBOuT ThE auThOR:

which may be a deterrent to employers agreeing to apply for the                                       G. Mark Jodon, a shareholder in Littler
                                                                                                      Mendelson’s Houston office, is board-
VCSP.                                                                                                 certified in labor and employment law by
                                                                                                      the Texas Board of Legal Specialization.
                                                                                                      Mark can be reached at (713) 652-4739 and
In addition, if an employer is not currently under audit but has                                      mjodon@littler.com.

previously undergone an audit, the company may still be eligible
for the VCSP if it has followed the results of the audit. It is unclear,             JodoN
however, whether a cursory investigation such as one by a state




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www.buildhoustononline.com                                                 Build Houston Magazine • December 2011 / January 2012                   •   5
LeGaL NeWs

          New Enforcement Procedures For
         Investigating Workplace Violence

O
         n September 8, 2011, the federal Occupational Safety          at employees by customers,
         and Health Administration (OSHA) issued its inaugural         clients, patients, etc.); (3) co-
         written enforcement directive for incidents of workplace      worker (violence against
violence. The directive will be used by OSHA in evaluating whether     co-workers by a current
to conduct an investigation into allegations of workplace violence.    or former employee);
Moreover, the directive lists inspection procedures to be followed     and       (4)     personal
by compliance officers while conducting inspections as well as         (violence in workplace by
potential methods of abatement available to employers.                 a non-employee who has
                                                                       a relationship with an
“Violence” Defined                                                     employee).
The directive defines “workplace violence” as “violent acts
(including physical assaults and threats of assaults) directed         high-Risk Industries
towards persons at work or on duty.” The directive lists four          The     directive     details
categories of workplace violence based upon the relationship           numerous risk factors that
between the perpetrator and the target of the workplace                indicate the potential for
violence. These include: (1) criminal intent (violent acts by people   workplace violence, including:
who enter the workplace to commit a robbery or crime or current        (1) working alone or in small numbers; (2) working late at night
or former employees who enter the workplace with the intent to         or during early morning hours; (3) working in high crime areas;
commit a crime); (2) customer/client/patient (violence directed        (4) guarding valuable property or possessions; and (5) mobile
                                                                       workplaces.

                                                                       The directive advises that inspections “generally shall not be
                                                       Founded 1973
                                                                       considered” based solely upon threats by co-workers, but further
                                                                       states that such incidents may be referred by OSHA to the
    “BUILT ON A TRADITION OF SERVICE EXCELLENCE”
                                                                       appropriate criminal enforcement agency, the Equal Employment
         SALES ● RENTALS ● SERVICE ● PARTS                             Opportunity Commission, or the National Labor Relations Board.
                                                                       Inspections may be initiated following a complaint, referral, fatality
                                                                       or catastrophic event (hospitalization of three or more employees)
                                                                       involving an incident of workplace violence. Inspections are more
                                                                       likely in high-risk industries or workplace settings that include the
                                             DEMAG
                                                                       cited “risk factors.” Employers also may face citations for potential
                                            AMERICAN
                                     ROUGH TERRAIN CRANES              workplace violence issues during programmed inspections.

                                                                       Controls
                                                                       The directive lists potential engineering or administrative
                                                                       controls available to employers to minimize or eliminate the risk
                                                                       of workplace violence. A few of the more obvious engineering
                                                                       controls include alarm systems, panic buttons and hand-held
                                                                       alarms. Employers with such devices also need to arrange for a
                                                                       reliable response system. Other engineering controls include
                                                                       metal detectors, closed-circuit recordings on a 24-hour basis,
                 www.smequipment.com                                   curved mirrors at hallway intersections or concealed areas, and
                                                                       locking of doors (in accordance with fire codes).

                                                                       The directive states that administrative controls include changing
                                                                       management practices and procedures to reduce hazards,
                                                                       establishing liaisons with local police and state prosecutors,
6    •   Build Houston Magazine •   December 2011 / January 2012                                             www.buildhoustononline.com
LeGaL NeWs

 “The directive defines workplace
violence as violent acts (including
  physical assaults and threats of
assaults) directed towards persons
        at work or on duty.”
requiring employers to report all assaults or threats, maintaining
a log book of all reported assaults or threats, and advising




                                                                                                                                               Texas Mutual Insurance Company
employers of procedures for requesting police assistance or filing
charges.

Prevention Programs
The directive provides advice on how an employer can develop




                                                                                                                                               © 2011
a written workplace violence prevention program. These steps
should include: (1) adopting a policy statement regarding potential
violence in the workplace that assigns oversight and prevention
responsibilities; (2) performance of a workplace violence hazard
assessment and security analysis; (3) development of workplace
violence controls; (4) implementation of a recordkeeping system
designed to report any violent incidents; (5) training employees on
the company’s workplace violence program; (6) annual reviews of
the program; (7) development of procedures and responsibilities
                                              (Continued on Page 8)
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www.buildhoustononline.com                                            Build Houston Magazine • December 2011 / January 2012                •                                    7
LeGaL NeWs
                                                                                            in the event of a violent incident; and

        From High-rises to Historic Bridges                                                 (8) development of a response team to
                                                                                            provide immediate care for victims, re-




                  M
                                                                                            establishment of safe work areas, and
                                                                                            debriefing sessions with victims and co-
                                                                                            workers.

                                                                                            It is also important to immediately retain
                                                                                            counsel following any act of workplace
                   MOBILSTEEL                                                               violence. To prove a violation of the
                                                                                            General Duty Clause, OSHA is required
                                                                                            to show that workplace violence was
                                                                                            a recognized hazard in the industry
                                                                                            and that there are feasible means of
                                                                                            abatement. The extent and manner in
                                                                                            which a workplace violence inspection
                                                                                            is managed by the employer will directly
                                                                                            impact its ability to defend against OSHA
                                                                                            citations and other potential civil or
                                                                                            criminal proceedings.




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8   •   Build Houston Magazine •   December 2011 / January 2012                                          www.buildhoustononline.com
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www.buildhoustononline.com                                                          Build Houston Magazine • December 2011 / January 2012                          •   9
iNdustry NeWs

  Houston’s Economy
 Remains Among the
Nation’s Best Performers
      Houston’s Performance Part of a
         Broader Lone Star Story



T
       exas’ ability to add jobs more rapidly than the balance of      rates below 8 percent. In contrast, communities such as El Paso,
       the country has attracted national attention for at least       Beaumont, Brownsville, and McAllen wrestle with unemployment
       two reasons. The first is political, since one of the major     rates still in double-digits.
presidential contenders hails (again) from the Lone Star State.
The second is economic, with many people from other parts              As one of the first major metropolitan areas to emerge from
of the nation attempting to determine why Texas has been               the recession, Houston continues to be one of the nation’s
disproportionately successful and whether this success can be          and Texas’ strongest economies. According to the U.S. Labor
replicated.                                                            Department Bureau of Labor Statistics, from September 2010
                                                                       to September 2011, nonfarm employment rose 2.7 percent
To a certain extent, much of Texas’ good fortune cannot be             in the region compared to the national increase of 1.1 percent
mimicked. Various analysts are now terming the next major              and the statewide increase of 2.4 percent. Among the 12 largest
growth industry in America as Energy Technology or ET, a play          metropolitan areas in the country, Houston ranked second both
on the concept of Internet Technology (IT). Texas for reasons of       in terms of year-over-year percentage job growth and net jobs
history, corporate presence and geology is able to play a larger       added, trailing only Dallas along both dimensions. Houstonians
role in the ET industry than perhaps any place in the nation,          can take heart, however, in the fact that their football team is
with Houston serving as a major center of innovation within this       much better. Unemployment in Houston stood at 8.6 percent in
industry category.

On a year-over-year basis through September, Texas added
248,500 jobs, or 2.4 percent to job totals, ranking the state 5th
in the nation in terms of percentage job growth and second in
absolute terms (California; 250,700). Sectors experiencing the
largest year-over-year increases were professional and business
services (+68,200); mining and logging (+38,800); construction
(+35,400); and leisure and hospitality (+21,500). The biggest
losses occurred in government (-33,700) and information (-5,700).
The state’s construction industry now supports nearly 6.3 percent
more jobs than it did a year ago, strong indication that the broader
economic recovery is increasingly translating into construction
opportunities.

Unemployment in Texas stood at 8.5 percent in September, or
0.5 percentage points below the national rate of 9 percent. The
unemployment rate in Texas would be even lower but for the
fact that many jobseekers are relocating to Texas to take part
in what is perceived by many to be the deepest labor market
in the country. The communities of Midland, Amarillo, Odessa,
Lubbock, San Angelo, College Station, Victoria, Abilene, Longview,
Austin, Wichita Falls and San Antonio each boast unemployment
                                                                                                                   (Continued on Page 12)

 10   •   Build Houston Magazine •   December 2011 / January 2012                                         www.buildhoustononline.com
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www.buildhoustononline.com                                 Build Houston Magazine • December 2011 / January 2012      •   11
iNdustry NeWs

                                                                    September 2011, or half a percentage point below the national
                                                                    average.

                                                                    The steadily growing regional economy is increasingly apparent
                                                                    in local real estate data. During the third quarter of 2011, net
                                                                    office space absorption in the Houston area totaled 1,598,223
                                                                    square feet and the regional office vacancy rate has fallen for a
                                                                    third consecutive quarter to 15.4 percent. Demand in the West
                                                                    Houston submarkets is unrelenting. According to CB Richard Ellis,
                                                                    several large leases were signed in the Energy Corridor and Katy
                                                                    Freeway submarkets during the third quarter, including BP, Nexen
                                                                    and General Electric.

                                                                    Looking ahead
                                                                    For now, the pace of recovery for the nation’s construction industry
                                                                    remains soft. According to McGraw-Hill Construction’s Dodge
                                                                    Report, new construction starts are forecast to be approximately
                                                                    $412 billion in 2012, essentially the same as in 2011. Growing
                                                                    private construction continues to barely offset shrinking public
                                                                    construction. In fact, in September, nonresidential construction in
                                                                    the United States slipped 0.1 percent on a monthly basis.

                                                                    However, certain segments are better poised for stronger growth.
                                                                    Leading the way in recent months has been construction related
                                                                    to the nation’s power industry, which expanded more than 21
                                                                    percent over a recent twelve-month period. The energy of
                                                                    America appears to be in energy, and the growth of this economic
                                                                    segment has been particularly impactful in a number of states,
     Commercial Interior Specialists                                including Texas.

        Helping General Contractors meet                            Healthcare represents another likely candidate for economic
      today’s challenges with a trained and                         expansion. This is true for a number of reasons, including thawing
                                                                    credit markets, the nation’s demographics and healthcare reform,
               qualified workforce.                                 which will continue to increase the number of Americans with
                              Setting the standard for              insurance and therefore enhance utilization.
                              workforce development
                              in the commercial
                              construction industry:
                                  On the Job
                                  Standardized
                                  Training
                                                                                                          aBOuT ThE auThOR:
                                  NCCER Journeymen                                            Anirban Basu was named Associated Builders
                                  Certification                                               and Contractors (ABC) chief economist in
                                                                                              February 2008. His primary responsibility is
                                  Program                                                     to provide ABC with timely, comprehensive
                                  Career Pathways                                             analyses of important trends in the U.S.
                                                                                              commercial and industrial construction
                                  English on the                                              industry. Basu produces ABC’s electronic
                                  Jobsite Initiative                                          economic      news     report,   Construction
                                                                                              Economic Update, which includes an analysis
                                          2115 Judiway Drive                                  of the following federal government economic
                                         Houston, Texas 77018                                 indicators upon their release: construction
                                            713-681-2626                                      spending, employment, producer price index
                                          www.marekbros.com                  Basu             and gross domestic product.


12    •   Build Houston Magazine •   December 2011 / January 2012                                          www.buildhoustononline.com
Our construction team              relationshipsbuilds
                         by providing clients with solutions based on experience.




                                          1000 Main Street, 36th Floor                porterhedges.com
                                                 H o u s t o n , Te x a s 7 7 0 0 2   PORTER HEDGES LLP, ATTORNEYS AT LAW
                           Phone: (713) 226-6000    Fax: (713) 228-1331               S p e c i f i c r e s u l t s d e p e n d o n t h e f a c t s o f e a c h m a t t e r.




 Porter Hedges – Construction Group Ad
 ABC Build Houston - Dec-2011/Jan-2011 issue
 7.5 x 5




www.buildhoustononline.com                                                            Build Houston Magazine • December 2011 / January 2012                                    •   13
14   •   Build Houston Magazine •   December 2011 / January 2012   www.buildhoustononline.com
Cover story

                                           CEMENt, WAtER, ROCk ANd ROllCON
                                                       Satterfield & Pontikes Construction Introduces the
                                                            Perfect Alternative to Traditional Paving


P    aved today…you can drive on it today. Concrete paving
     without the concrete price. With roller-compacted concrete,
     you enjoy these impressive benefits and many more.

A subsidiary of Satterfield & Pontikes Construction, Inc. (S&P),
Rollcon LLC offers complete planning, design and construction
solutions for roller-compacted concrete (RCC) paving projects,
and Rollcon’s ability to self-perform provides greater project
control and more competitive pricing.

“RCC is not a complicated process,” Rollcon’s managing partner
Chris Gwyn explains. “We mix aggregate, cement and water in an
on-site continuous portable pugmill. The mixture is transported
by dump truck to a high-density paving machine. The mix is
placed with a screed from the back of the machine, then is further
compacted with a roller to obtain the proper density.”                                  Continuous portable pugmill used to mix
                                                                                             aggregate, cement and water.

   “Any time that we can cut even days or
                                                                                                              of the recent RCC Symposium.
 weeks off a project, it makes a huge positive                                                                Among the many attendees
                                                                             RCC advantages Over
         impact on the community.”                                         Traditional Concrete and           was Ken Norsworthy, Asst.
                                                                                                              Chief Construction Manager
                                                                                 asphalt Paving
                          – Clinton Bailey, City Engineer                    • Faster construction
                                                                                                              for the Port of Houston
                                                                                                              Authority. “Our first project
                                      City of San Angelo                     • Economical and cost-           of RCC started in 2006,” he
                                                                               effective                      states. “Currently, Rollcon
                                                                             • Less maintenance               and S&P are going to place
Roller-compacted concrete is a fast, economical construction                                                  the next phase of the project,
system that is typically less expensive than conventional concrete           • High strength and
                                                                               durability, longer-            which is Gate 3.”
and more durable than asphalt. RCC requires no forms, finishing,
texturing, reinforcing, joint sawing and sealing. RCC is perfectly             lasting                    Clinton Bailey, City Engineer
suited for paving large expanses, such as truck yards, military              • Minimal manpower           for the City of San Angelo,
and maintenance facilities, parking lots, container terminals and              required                   also     attended      Rollcon’s
aircraft parking areas. It is also becoming more widely used on                                           demonstration. “We’re looking
city and residential streets.                                                                             for long-term paving options,
                                                                        something other than asphalt. Lower maintenance, better
Rollcon was asked to conduct an RCC demonstration at the Port of        longevity, ease of construction, competitive pricing. Any time
Houston Bayport Container Terminal for more than 100 attendees          that we can cut even days or weeks off a project, it makes a huge
                                                                        positive impact on the community.”

                                                                        David Pittman of the U.S. Army Corps of Engineers adds: “The
                                                                        Corps of Engineers needs it. The public agencies need it.”

                                                                        Rollcon, LLC is on a roll. Its client list continues to steadily grow
                                                                        along with its geographical reach. Though local to Houston,
                                                                        Rollcon’s crews and equipment stand ready to travel to locations
                                                                        anywhere in the U.S. for both public sector and private industry
                                                                        clients.
                                                                                                                        Learn more about
                                                                                                                      Rollcon, scan this code
                                                                                                                      with your smartphone.




      Paved today – ready to drive today. Involves minimal manpower.


www.buildhoustononline.com                                             Build Houston Magazine • December 2011 / January 2012              •     15
FiNaNCiaL NeWs

         Soothing the Health
         Care Cost Headache

W
              hatever your view on the recent passage of the Health
              Care Reform Bill (PPACA), there can be no argument
              that health care in America is expensive.

With the cost of health insurance on the rise, businesses big and
small are struggling to provide a decent plan for their employees;
and a good benefits program is vital for companies who are trying
to recruit skilled talent and retain key employees.

The issue of health care has become a real headache. What is a
budget strapped employer to do to maintain this benefit?       hospital information, doing your research before making decisions
                                                               can increase your chances of lowering your health care costs.
 Solutions to reduce the cost of health care should be considered,
and there are several ways you can cut your health insurance costs LOwER YOuR LEVEL OF hEaLTh INsuRaNCE COVERagE wITh
for yourself and your employees without giving up your coverage. hIgh DEDuCTIBLE PLaNs
Here are a few tips.                                               By increasing your plan’s deductible amount, your monthly
                                                                   premiums will be lower and the savings in monthly premiums
BE aN INFORMED CONsuMER                                            could end up being more than what you spend out of your pocket.
Whether choosing an experienced benefits professional, shopping
CBY ABC ad-Oct.Nov.issue:Layout 4 8/31/11 12:47 PM Page 1
for the lowest health insurance rates or looking up medical and                          sET uP a hEaLTh saVINgs aCCOuNT
                                                                                         An H.S.A. is tax-free savings accounts
                                                                                         for medical expenses. Both employees
                                COKINOS, BOSIEN & YOUNG
                                                                                         and employers can contribute to the
                  CONSTRUCTION LAW and REAL ESTATE DEVELOPMENT
                                                                                         account, and it must be coupled with
                                                                                         a high-deductible health plan. With
         Cokinos, Bosien & Young                                                         this method, the policy holder gets the
         once again places at the top of                                                 necessary insurance coverage, while
         Texas construction law firms                                                    the H.S.A. provides the means to fund
         according to Chambers USA–
         the leading publisher of                                                        the additional out-of-pocket costs on a
         directories and rankings for the                                                pretax basis. The money in H.S.A.’s can
         legal profession.
                                                                                         be carried over from year to year and is
         In addition to recognition for                                                  portable.
         the firm, select attorneys
         have also been named in the
         Chambers 2011 rankings.                                                         EXPLORE MINI-MEDICaL PLaNs
         CONGRATULATIONS TO                                                              Gap Plans offer a viable low cost
                                                                                         alternative to expensive, comprehensive
         Gregory Cokinos, Richard Flake,
         Patrick Wielinski and                                                           major medical insurance. Unlike major
         Stan Curry for being honored                                                    medical insurance, many Gap Plan
         in Chambers USA 2011




                                      CBY
                                                                                         designs do not base their benefits on
         Again.                                                                          actual charges incurred and actually
                                        &                                                pay based on a fixed benefit indemnity
                                                                                         amount when various health care
                                          COKINOS, BOSIEN & YOUNG
                                                Attorneys at Law                         services are utilized.
                            FOUR HOUSTON CENTER • 1221 LAMAR ST., 16th Floor
                                         HOUSTON, TX 77010
                                                                                         sELF FuNDED hEaLTh INsuRaNCE
                           713-535-5500 • Fax: 713-535-5533 • www.cbylaw.com
                                                                                         This is one method to save dollars
                               HOUSTON • DALLAS-FT. WORTH • SAN ANTONIO
                                                                                         on insurance premiums if you have a
16   •     Build Houston Magazine •        December 2011 / January 2012                              www.buildhoustononline.com
FiNaNCiaL NeWs

healthy group. The self funded program utilizes high deductible
catastrophic insurance to offset large claims, and the smaller
claims are paid from a fund for claims by an administrator who
receives fees. It is important to do a present program need
analysis and review your claims history prior to making the
decision to self fund.

  “The self funded program utilizes
     high deductible catastrophic
   insurance to offset large claims,
   and the smaller claims are paid
     from a fund for claims by an
  administrator who receives fees.”
LIVE a hEaLThY LIFEsTYLE
Seek free or low cost advice on maintaining a healthy diet and
following an exercise plan. Encourage your employees to attend
wellness seminars, take advantage of free health screenings at
local clinics or health fairs. Wellness programs have been proven
to effectively reduce healthcare costs, help cut down on employee
turnover and decrease absenteeism.

Considering any of these tips just may alleviate your rising health
care cost headache!




                         Christ tayLor

                             aBOuT ThE auThOR:
   Christ Taylor Insurance is a 50 year old Houston-based Employee Benefits
   andIinsurance brokerage firm and member of ABC. We provide solutions
   to small and medium size companies in the areas of healthcare and other
   benefit packages, as well as life insurance and retirement plans. Contact
   the Christ Taylor team at 713-850-7747 or www.christtaylor.com.




www.buildhoustononline.com                                                     Build Houston Magazine • December 2011 / January 2012   •   17
FiNaNCiaL NeWs

Warranty & Responsibility


B
       usinesses with a fleet of vehicles could save thousands
       of dollars each year in repair expenses just by reading
       and following the recommendations spelled out in the
warranty booklet that comes with every vehicle. But all too often
the warranty booklet stays tucked away unopened in the glove
compartment until the business finds out that the warranty will
not be honored by the manufacturer due to negligence or lack
of required preventative maintenance. And, by then it’s too late.

Each manufacturer’s warranty is different and even the same              components, including air conditioning, but not maintenance and
manufacturer’s warranty can vary year to year, so it’s important         wear-and-tear items such as brake pads, alignments and fluid
to stay up-to-date especially as new vehicles are added to a             replacement services; powertrain covers everything from the
company’s fleet. What may have been covered previously may               engine and transmission-transaxle-transfer case to front-wheel
either no longer be covered or required intervals for preventative       and rear-wheel drive assemblies.
maintenance may have changed.
                                                                         In addition to other warranties that may cover emissions and
     “Each manufacturer’s warranty                                       safety components, sheet metal corrosion and rust-through,
                                                                         there may be provisions for roadside assistance, towing for
      is different and even the same                                     mechanical breakdown, and transportation assistance if a vehicle
         manufacturer’s warranty                                         is not operable and must be kept overnight for warranty repairs.

        can vary year to year, so it’s                                   However, coverage can be denied if the manufacturer’s
       important to stay up-to-date                                      recommended maintenance is not completed or if there are other
                                                                         signs of neglect or abuse. For example, in addition to regular
      especially as new vehicles are                                     oil changes, it’s just as important to check the oil level in your
       added to a company’s fleet.”                                      vehicle’s engine on a regular basis. Similarly, it’s important to
                                                                         understand that a vehicle with extended idle times requires oil
                                                                         changes at much shorter intervals than generally recommended.
If the vehicle’s warranty booklet is lost or misplaced, it may be
possible to access the information on the manufacturer’s website.        The bottom line is that the quickest and easiest way for a business
Most, if not all, manufacturers also have a toll free number that        to avoid paying for unnecessary repairs or those that may already
you can call to order an additional booklet. Although there may          be covered by a manufacturer’s warranty is to be familiar with
be a small charge for the booklet, it is a lot less expensive than not   the warranty coverage for every vehicle in its fleet, require drivers
qualifying for warranty coverage on an expensive repair.                 to adhere to all recommended maintenance schedules, and
                                                                         document with receipts work done on every vehicle.
Working with a professional fleet management company that is
familiar with every manufacturer’s warranty can help a business
stay up-to-date with required maintenance schedules that
                                                                                                             aBOuT ThE auThOR:
comply with the manufacturer’s recommendations. In addition,                                    Stephen McNair is Vice President for Enterprise
because each and every receipt for work done on a vehicle may be                                Fleet Management in Houston and can be reached
                                                                                                at 713-465-7800, ext. 131. He is supported by
documented and recorded by the fleet management company, if                                     an experienced team of veteran mechanics and
a dispute arises over warranty coverage, having a comprehensive                                 accredited Automotive Service Excellence (ASE)
                                                                                                technicians to serve the fleet maintenance needs
detailed record makes a huge difference.                                                        of businesses with mid-size fleets.

The most common warranties are bumper-to-bumper and
powertrain. Bumper to bumper covers a majority of the vehicle’s                 mCNair

18   •   Build Houston Magazine •     December 2011 / January 2012                                              www.buildhoustononline.com
www.buildhoustononline.com   Build Houston Magazine • December 2011 / January 2012   •   19
saFety NeWs


                  Party time!


L
       ast holiday season, the manager of the maintenance
       department of a major airline received a call from her upper
       line manager that one of her workers had been found in
coma conditions in the tail of the airplane. He had sequestered
himself off in the tail before takeoff and flown that way for over
a thousand miles. The skin of the airplane at normal cruising
altitude is about -40 Fahrenheit. He had hoped to die. He didn’t.
The worker had been quiet but in no way under-performing so the
manager never suspected a thing.
                                                                        typically more expensive distilled spirits and off premises drinking
November marks the beginning of the holiday season and, no              went down in 1970.
matter your faith, this is a festive time of year. But even with all
the festivities, holidays are riddled with tensions, too. Sometimes     Further, there are other studies, only one of which is quoted
this is a very lonely time of year for those who have suffered losses   herein, which suggest that other forms of inexpensive pleasure
or setbacks or increased financial stressors. Further, with workers     seeking and self-medication rise during times of social stressors
and employers alike struggling with the effects of a seriously          including recessions and holidays. These include everything
crippled economy, everyone is likely facing a leaner holiday table      from simple entertainment like going to the movies, to cosmetic
this year.                                                              procedures to make one feel better, to workplace affairsii, or the
                                                                        illegal use of other types of substances to self-medicate. These all
While the authors of two reports I will quote hereini conclude          add to the typical holiday stress.
that there is no definitive trend proving an increase in alcohol
consumption during recessions, these “conclusions” are in direct        Please raise awareness among your workers this holiday season
contradiction to the statistics quoted within the authors’ own          for the common holiday-related hazards so that the festive spirit
articles. So, I’ll ignore their conclusions and share just the facts    need not be marred by tragedy in your workplace:
with you from the Gallup poll and the BOE (Bureau of Equalization)
studies which they used as their source documents.                        • Conduct training sessions about the hazards of drinking
                                                                            and driving and encourage your employees to plan NOW
     “According to these studies,                                           for a designated driver and a safe approach to their holiday

  beginning in 2010—as arguably                                             parties
                                                                          • Remind those who plan to host parties, whether employers or
   the worst recession of modern                                            employees, that providing unchecked access to alcohol and
   times hit our country—alcohol                                            then allowing your attendees to drive away in that condition
                                                                            has often caused the liability to fall back onto the hosting
 consumption in America hit an all-                                         employer or individual when it came to criminal negligence,
   time high and has continued.”                                            should it be determined that an accident occurred due in
                                                                            whole or in part to the alcohol consumption.
                                                                          • Be alert to signs that your workers or loved ones may be
According to these studies, beginning in 2010—as arguably                   suffering from the holiday blues, especially for those who
the worst recession of modern times hit our country—alcohol                 have had recent setbacks such as loss of jobs, reduction of
consumption in America hit an all-time high and has continued.              pay due to economic conditions, illness, divorce, or loss of
Further, students of American history will note that during 1970,           loved ones.
which contained serious recession conditions in all four quarters,
alcohol consumption of wine and beer was up in the public and           Finally, let’s remember to circulate this good old YouTube reminder
private sectors throughout the year. Only consumption of the            about the fire hazards of the holiday season whether they are
20   •   Build Houston Magazine •     December 2011 / January 2012                                           www.buildhoustononline.com
saFety NeWs

overloaded electrical circuits or dry Christmas trees (http://www.
youtube.com/watch?v=GQT8yOYJKxQ).


Make safety first this holiday season to ensure a truly festive
yearend.

i
    http://www.boe.ca.gov/news/pdf/ep-11-10.pdf
http://www.businesswire.com/news/home/20101019007164/en/Influence-
Recession-BOE-Answers-Question-%E2%80%9CDo-People
ii
     http://www.cheatingspousepi.com/affair_at_work/Workplace_Infidelity.pdf




                                            aBOuT ThE auThOR:
                                 Tara Hart Amavi is the Founder and President
                                 of TCA/The Compliance Alliance L.P., which
                                 ranked #20 on Houston’s 2007 Top 50 Fastest
                                 Growing Woman Owned Businesses. TCA has
                                 provided services to almost 1000 companies
                                 nationwide and TCA tools, methods and
                                 means have been ranked #1 in the world
                                 for managing contractor safety. Named one
                                 of the Who’s Who in Safety by Compliance
                                 Magazine, Ms. Hart is a sought after public
                                 speaker and has appeared on local and
                                 national radio and television programs. Ms.
               hart              Hart may be contacted at tara@tcamembers.
     067603     6/26/06      11:05 AM 713.263.7661.
                                 com or Page 1




                                                                                        Even if your business has just
                                                                                       a few vehicles, that’s still a fleet.
                                                                                              And managing that fleet is taking time
                                                                                          away from your business. At Enterprise Fleet
                                                                                           Services, we specialize in fleets like yours so
                                                                                        you can spend your time doing what you do best.
                                                                                          We’ll assign a dedicated account team that will
                                                                                         design a program that’s right for you. A program
                                                                                       that takes advantage of services like vehicle disposal,
                                                                                        loss control coordination and maintenance plans.
                                                                                        Put your work week back to work. Call us today
                                                                                             for a free detailed analysis of your fleet.




                                                      smcnair@erac.com           www.enterprise.com/fleets
                                                        (713) 465-7800

                                                                                              ©2006 Enterprise Rent-A-Car Company. 067603 6/06 KR


    www.buildhoustononline.com                                                  Build Houston Magazine • December 2011 / January 2012                      •   21
         Size: 7.5 x 5      Non-Bleed             4-Color            High Res Images         Output at 100%
saFety NeWs

              do you have
      Vitamin C Safety deficiency?


L
     ots of people have ailments in life; some because of life
     style and some because of neglect. Many of life’s problems
     may be due to vitamin, mineral or nutritional deficiencies.
Would you believe that companies can have the same problems?
Well almost the same. Let’s discover some of the problems. A
healthy dose of Vitamin C Safety might be the remedy.

Vitamin C Safety Deficiency
No. 1: Effective communications
Years ago when teaching a course for ABC, Effective
Communications was the topic. For communications between
the home office and the various field locations, e-mails, faxes and
telephone messages may not be effective. For employees and
staff in the field, phones and computers may not be the best tools
to get constant and consistent messages. For that reason, a direct      concrete pours. It is hazardous work with many known hazards
message from one person to another is needed. As we say in the          and many more unknown. When the foreman was asked how
field, “straight from the horse’s mouth”. Direct talk usually clears    the record was accomplished, he gave some unusual answers.
the air and gets issues on a level playing field.                       The first thing he did when a new crewman was assigned to him
                                                                        was to sit down in a quiet place and in one-on-one discussion
For fun at a meeting, try playing the game of ‘gossip’. It will teach   discover all about the new worker. The talk would cover where
the group about effective communications. Just whisper to one           the person was from, about his family, hobbies and interests,
person your message and ask them to whisper it the next person;         where he had previously worked and other personal questions.
then the next and next until the message has gone around the            Next the foreman would pull a photo of his family out of his wallet
room and is repeated to the original sender. This will show the         and show the new crewman his loved ones, explaining that this
whole group how things become out of context and confusing.             is the reason he works: to provide and care for his family. The
Normal communications or lack thereof needs some continuous             conversation went on revealing much more about both parties.
improvement. Effective communications works when you give a             Near the end of the conversation, the foreman explained to
message to a hearer and then you ask the hearer what was said.          the worker that this crew was a “Zero Injury Crew”. Further he
When giving safety tool box instructions, I used to tell the crew,      explained that they did not permit at-risk work or at-risk behavior
“Now, tell me what I told you”. Use of this method takes all the        and that if the new worker did not believe that he could work
guess work out of instruction.                                          safely from the first moment in the crew, the foreman needed to
                                                                        know it before work began. If the worker declared that he could
No. 2: Caring                                                           not work safely, he was not allowed in the crew. Mr. Foreman
A wise mechanical engineer friend once told me: “Until employees        never accepted a worker that could not, by his own admission,
know how much you care, they don’t care how much you know”.             work safely. Showing that you care for each person so much that
That statement has resonated with me for many years in the              you will not allow them to work is vitally important at the jobsite.
construction business. I’ve found it to be truer and more useful
than many other profound gimmicks and quotations used in the            No. 3: Commitment
field. A true follower of supervision on a jobsite is one who has       Who can commit at-risk behavior? Workers? Yes, of course.
determined that the boss cares about the workers. In 2010,              What about management? Can leaders commit at-risk behavior?
during a training session at a large construction work site, it was     Yes, again. How is that you might ask? Well, delay in purchasing
discovered that a civil foreman had worked for over ten years           the correct personal protective equipment is one way. Failure to
without any of his crew experiencing an injury of any type. That        approve a certain training class is another. Failure to support the
phenomenon extended for over 100,000 work hours. The crew               field is another. So yes, management can be the ones committing
performed work in trenches and excavations building forms for           at-risk behavior.

 22   •   Build Houston Magazine •    December 2011 / January 2012                                            www.buildhoustononline.com
Build Houston December 2011
Build Houston December 2011
Build Houston December 2011
Build Houston December 2011
Build Houston December 2011
Build Houston December 2011

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Build Houston December 2011

  • 1. www.buildhoustononline.com Build Houston Magazine • December 2011 / January 2012 • 1
  • 2. Letter From the Chair Dear Reader, I am happy to say that 2011 has been a very successful year for the ABC Greater Houston Chapter! This success is due to the outstanding participation of our members and the dedication of the ABC staff. In the beginning of the year, we were expecting some challenges that would make it difficult to reach the 2011 goals set before the association. Despite a dire economic outlook for the construction industry, the hard work and efforts of our members helped the association not only achieve but exceed our goals. During the planning session for 2011, we wanted to make some changes to events and committees. One of the committee changes was the creation of the Young Professionals Committee, which attracts new leaders into active roles within the association to ensure continued growth and energy. We also implemented some changes in our speaker line up this year and attendance for these events was outstanding. The ABC National Economist, Anirban Basu, gave a presentation on the economic adams outlook for the construction industry in which he stated that Houston remains one of the brightest areas of the country for the construction industry. This year, the Excellence In Construction Awards drew over 400 attendees who recognized 46 projects that demonstrated the abilities of ABC members in building the best and highest quality projects in the Houston area. The Greater Houston Chapter, ABC of Texas and ABC National have been working to influence the political arena to benefit our members in conducting business in a fair market. This year was a year that demonstrated these efforts with the success ABC had on the State level—passing 9 bills that ABC supported which made changes favorable to our members. Also, in this previous Texas Legislature, ABC of Texas passed two bills that originated from the Greater Houston Chapter. ABC National, along with the Free Enterprise Alliance (FEA) and Political Action Committee (PAC), influenced the elections of Congressional members, nationwide, who have views that are aligned with free enterprise. I urge ABC members to stay active in the 2012 political year because our organization can and has made a difference on Election Day. For me, this year has been very fulfilling and I have enjoyed my time as Chairman of ABC. It has been an honor to serve as the 2011 Chairman of ABC Greater Houston. I truly enjoyed getting to know all the individuals and companies that are active within ABC during my term. I want to welcome Dwayne Boudreaux as the 2012 Chairman and will give him all the support that he requests. Neil Adams 2011 ABC Greater Houston Chairman Senior Project Executive Gilbane Building Company Mark Your Calendar For The Following Events and Training Opportunities! December 7 - ABC Membership Orientation January 11 - Inaugural Dinner December 8 - 4 Hour Electrical Renewal January 12 - 2012 Construction Leadership Form Begins December 10 - Rigger Performance Verification (hands on) February 6 - CMEF Board Meeting/Planning Conference December 13 - PAC Holiday Party March 12 - Spring Golf Tournament January 10 - Lee College Registration Visit www.abchouston.org or scan the Quick Reference Code with 2 • Build Houston Magazine • Decemberyour Smart Phone for more information. 2011 / January 2012 www.buildhoustononline.com
  • 3. aBC Leadership Chairman Neil adams Gilbane Building Company Chairman Elect december 2011/January 2012 turner industries Group, LLC Vice Chairman Lohn Zylicz d.e. harvey Builders FEATURES: Secretary tim ricketts Cajun Constructors, Inc. Pave Today, Drive Today: Satterfield and Pontikes provides an Treasurer alternative to traditional paving through Rollcon, LLC tasos Banos TDIndustries Learn how Satterfield and Pontikes’ subsidiary Rollcon LLC is cutting days Past Chairman and even weeks off of projects with their roller-compacted concrete Wayne Navarro process. (P15) S&B Engineers & Constructors 2011 Board oF direCtors Mike Abshire Fugro Consultants, Inc. DEPARTMENTS: Brian Anderson G.R. Birdwell Construction Barry Babyak Austin Industrial, Inc. Roger Berry LEgaL NEws SpawGlass Construction Corp. Kevin Bordelon 4 IRS Offers Amnesty to Employers Who Misclassify Employees as Independent Contractors Zachry Industrial, Inc. Jeff Burnett Marsh & McLennan Agency 6 New Enforcement Procedures For Investigating Workplace Violence Art Canales Chamberlin Roofing & Waterproofing Matt Daniel INDusTRY NEws Skanska USA Building Inc. Darlene East Holes Inc. 10 2012 and Beyond: Houston’s Economy Remains Among the Nation’s Best Performers John Golashesky Turner Industries Group, LLC FINaNCIaL NEws Tom Kramer Manhattan Construction Company Tad Lewis McCarthy Building Companies, Inc. 16 Soothing the Health Care Cost Headache Bruce Marek Marek Brothers Systems, Inc. 18 Fleet Management: Warranty & Responsibility John Marshall Satterfield & Pontikes Constr. Inc. Joe Mendyk saFETY NEws Turner Construction James Morris Jacobs 20 Party Time! Safety Concerns to Think About During the Holiday Season Bob Nussmeier Baker Concrete Construction, Ind. Jim Owrey 22 Do You Have a Vitamin C Safety Deficiency? E. E. Reed Construction, L. P. Rodney Page Ref-Chem L.P. assOCIaTION NEws Pat Pollard Tellepsen Industrial 24 ABC Members Recruit 27 New Members Using Social Media Campaign Wendell Rychlik W.T. Byler Company Billy Spies IN ThE KNOw KBR Christina Stone Gaughan, Stone & Thiagarajan 26 People On The Move; Special Recognition; Project News & Company News Jody Vowell Accurate Comfort Systems USA Mark Williams INDEx OF ADVERTISERS Foster Wheeler USA Corp. Ronnie Wills Aggregate Technologies Inc. ................................ 12 Memorial Hermann Southeast ............................ 25 Aggregate Technologies, Inc. BIC Alliance .......................................................... 9 Mobil Steel International, Inc. ............................. 8 Cokinos, Bosien & Young ..................................... 16 Porter Hedges LLP ............................................... 13 Build Houston Magazine 3910 Kirby Drive, Suite 131 Craig & Heidt, Inc................................................. 17 Professional Shoring & Supply............................. 11 Houston, Texas 77098 Digitex Corporation ............................................. Insert Rig-Up Services, Inc. ............................................ 7 (713)523-6222 www.buildhoustononline.com E3 Electric, Ltd. .................................................... 5 Safety By Design .................................................. 13 Publisher/Owner: Associated Builders ExperTox .............................................................. 17 Satterfield & Pontikes Construction .................... 15 & Contractors of Greater Houston Executive Editor: Jennifer Woodruff Holes Incorporated .............................................. 14 Scott-Macon, Ltd. ................................................ 6 Assistant Editor: Diem Le ISC Constructors, LLC ........................................... 28 TCA/The Compliance Alliance L.P. ....................... 19 Account Manager: Janice Peters Graphic Design: Woodruff / Le Marek Brothers Systems, Inc. .............................. 12 Texas Mutual Insurance Co. ................................. 7 Interested in Residential Construction News? Call the Greater Houston Builders www.buildhoustononline.com Build Houston Magazine • December 2011 / January 2012 • 3 Association and ask about Houston Builder Magazine at (281) 970-8970.
  • 4. LeGaL NeWs IRS Offers Amnesty to Employers Who Misclassify Employees as Independent Contractors T he Internal Revenue Service (IRS) launched a new Voluntary Compliance Settlement Program (VCSP) to enable employers to resolve worker misclassification issues by paying a small amount of tax in exchange for reclassification of independent contractors as employees on a forward-going basis. See IRS Announcement 2011-64. To be eligible for the VCSP, an employer must: • Consistently have treated the workers in the past as nonemployees; • Have filed all required Forms 1099 for the workers for the previous three years; and • Not currently be under audit by the IRS, the Department of Labor, or a state agency concerning the classification of the workers at issue. Eligible employers may apply by filing Form 8952, Application for Voluntary Classification Settlement Program, at least 60 days “Eligible employers may apply by before they want to begin treating the workers as employees. The IRS will first determine whether the employer is eligible, and, if filing Form 8952, Application for so, contact the employer to complete the process. The IRS retains Voluntary Classification Settlement discretion to reject any employer from the VCSP, even if the Program, at least 60 days before employer otherwise meets the basic eligibility criteria. they want to begin treating the The Benefit workers as employees.” Employers who participate in the VCSP must agree to prospectively • Will not be subject to an employment tax audit with treat the class or classes of workers as employees for future tax respect to the previous classification of the workers being periods. In exchange, the employer: reclassified under the VCSP. • Will pay only 10% of the employment tax liability that would otherwise have been due on compensation paid Participating employers will, for the first three years under the to the workers for the most recent tax year, determined program, also be subject to a special six-year statute of limitations, under the reduced rates of section 3509(a) of the Internal rather than the three-year limitation period that generally applies Revenue Code (IRC); to payroll taxes. In addition, while no payment is due with the • Will not be liable for any interest and penalties on the application, full and complete payment will be due at the time the amount; and VCSP closing agreement is returned to the IRS. 4 • Build Houston Magazine • December 2011 / January 2012 www.buildhoustononline.com
  • 5. LeGaL NeWs Potential Drawbacks Employers currently undergoing any audit regarding questionable workforce development agency into a claim for unemployment classes of workers should think carefully about participating in the benefits would constitute an audit for purposes of the VCSP. The VCSP. By applying for the VCSP, employers forego their rights to IRS will likely provide further clarification of how the VCSP will assert “safe harbor” relief under Section 530 of the Revenue Act work, such as whether unemployment benefits audits constitute of 1978 in the future, and thus potentially maintain independent an audit or whether the three year statute extension applies to contractor status for the workers. Also, if the IRS does not accept all employment taxes or only the particular classification at issue. the employer’s application to participate in the VCSP, a roadmap has been provided to the IRS for a future audit. Of further Firmwide:104497828.1 800000.1000 concern, however, is that the three-year extension of the statute of limitations appears to apply to employment taxes generally, and not merely the classification of workers subject to the VCSP, aBOuT ThE auThOR: which may be a deterrent to employers agreeing to apply for the G. Mark Jodon, a shareholder in Littler Mendelson’s Houston office, is board- VCSP. certified in labor and employment law by the Texas Board of Legal Specialization. Mark can be reached at (713) 652-4739 and In addition, if an employer is not currently under audit but has mjodon@littler.com. previously undergone an audit, the company may still be eligible for the VCSP if it has followed the results of the audit. It is unclear, JodoN however, whether a cursory investigation such as one by a state TAKE CHARGE WITH THE BEST Whether it’s new construction, a tenant build-out, complete electrical retrofitting or even a single E3 Electric, Ltd. switch, our region’s best general contractors rely on E3 Electric for a full array of proven capabilities. Founded by highly respected industry leaders, E3 is among the most professional, dedicated and responsive electrical contractors in Texas. Simply put, calling E3 could be one of the best connections you’ll ever make. Design build Conceptual and alternate budgets E3 Electric, Ltd. Experienced. Efficient. Effective. Generator installations, stand-by and permanent 4545 South Pinemont Drive 24x7 emergency service Illumination retrofits Houston, Texas 77041 Bus duct reconfigurations Medical (713) 622-1222 Infrared heat tracing sjackson@e3electric.com www.buildhoustononline.com Build Houston Magazine • December 2011 / January 2012 • 5
  • 6. LeGaL NeWs New Enforcement Procedures For Investigating Workplace Violence O n September 8, 2011, the federal Occupational Safety at employees by customers, and Health Administration (OSHA) issued its inaugural clients, patients, etc.); (3) co- written enforcement directive for incidents of workplace worker (violence against violence. The directive will be used by OSHA in evaluating whether co-workers by a current to conduct an investigation into allegations of workplace violence. or former employee); Moreover, the directive lists inspection procedures to be followed and (4) personal by compliance officers while conducting inspections as well as (violence in workplace by potential methods of abatement available to employers. a non-employee who has a relationship with an “Violence” Defined employee). The directive defines “workplace violence” as “violent acts (including physical assaults and threats of assaults) directed high-Risk Industries towards persons at work or on duty.” The directive lists four The directive details categories of workplace violence based upon the relationship numerous risk factors that between the perpetrator and the target of the workplace indicate the potential for violence. These include: (1) criminal intent (violent acts by people workplace violence, including: who enter the workplace to commit a robbery or crime or current (1) working alone or in small numbers; (2) working late at night or former employees who enter the workplace with the intent to or during early morning hours; (3) working in high crime areas; commit a crime); (2) customer/client/patient (violence directed (4) guarding valuable property or possessions; and (5) mobile workplaces. The directive advises that inspections “generally shall not be Founded 1973 considered” based solely upon threats by co-workers, but further states that such incidents may be referred by OSHA to the “BUILT ON A TRADITION OF SERVICE EXCELLENCE” appropriate criminal enforcement agency, the Equal Employment SALES ● RENTALS ● SERVICE ● PARTS Opportunity Commission, or the National Labor Relations Board. Inspections may be initiated following a complaint, referral, fatality or catastrophic event (hospitalization of three or more employees) involving an incident of workplace violence. Inspections are more likely in high-risk industries or workplace settings that include the DEMAG cited “risk factors.” Employers also may face citations for potential AMERICAN ROUGH TERRAIN CRANES workplace violence issues during programmed inspections. Controls The directive lists potential engineering or administrative controls available to employers to minimize or eliminate the risk of workplace violence. A few of the more obvious engineering controls include alarm systems, panic buttons and hand-held alarms. Employers with such devices also need to arrange for a reliable response system. Other engineering controls include metal detectors, closed-circuit recordings on a 24-hour basis, www.smequipment.com curved mirrors at hallway intersections or concealed areas, and locking of doors (in accordance with fire codes). The directive states that administrative controls include changing management practices and procedures to reduce hazards, establishing liaisons with local police and state prosecutors, 6 • Build Houston Magazine • December 2011 / January 2012 www.buildhoustononline.com
  • 7. LeGaL NeWs “The directive defines workplace violence as violent acts (including physical assaults and threats of assaults) directed towards persons at work or on duty.” requiring employers to report all assaults or threats, maintaining a log book of all reported assaults or threats, and advising Texas Mutual Insurance Company employers of procedures for requesting police assistance or filing charges. Prevention Programs The directive provides advice on how an employer can develop © 2011 a written workplace violence prevention program. These steps should include: (1) adopting a policy statement regarding potential violence in the workplace that assigns oversight and prevention responsibilities; (2) performance of a workplace violence hazard assessment and security analysis; (3) development of workplace violence controls; (4) implementation of a recordkeeping system designed to report any violent incidents; (5) training employees on the company’s workplace violence program; (6) annual reviews of the program; (7) development of procedures and responsibilities (Continued on Page 8) Reduce Your Costs and Workplace Injuries. We Help You Build a Stronger Business. CompGroup AGC combines your business with other commercial construction businesses to provide workers’ comp premium discounts and job-specific safety resources. As a member of the CompGroup AGC safety group, eligible businesses may also qualify for both group and individual dividends and receive a discount for choosing the healthcare network option. To learn more the CompGroup AGC workers’ comp safety group, ask your agent. Visit www.compgroupagc.org, call Julie Schatz at (800) 406-9614 or email compgroupagc@robertsandcrow.com. Dividends are based on performance and are not guaranteed. www.buildhoustononline.com Build Houston Magazine • December 2011 / January 2012 • 7
  • 8. LeGaL NeWs in the event of a violent incident; and From High-rises to Historic Bridges (8) development of a response team to provide immediate care for victims, re- M establishment of safe work areas, and debriefing sessions with victims and co- workers. It is also important to immediately retain counsel following any act of workplace MOBILSTEEL violence. To prove a violation of the General Duty Clause, OSHA is required to show that workplace violence was a recognized hazard in the industry and that there are feasible means of abatement. The extent and manner in which a workplace violence inspection is managed by the employer will directly impact its ability to defend against OSHA citations and other potential civil or criminal proceedings. Reliable • Flexible • Quality Steel Fabrication When a Texas grocery chain needed steel fabricated for floor-to-ceiling platform racks in their new state- of-the-art refrigerated warehouse, Mobil Steel was up to the tall task. When Galveston‘s railroad needed to remain open to critical rail traffic, Mobil Steel rapidly southerLaNd supplied the fabricated steel foundation structure, aBOuT ThE auThOR: stairs and supports. Mobil Steel is proud to be part J. Alfred Southerland’s practice at Ogletree of an innovative industry to grow the Texas economy, Deakins focuses on labor and employment- related litigation before state and federal rebuild historic Galveston Island, and reconstruct courts and agencies, including claims involving America’s infrastructure and economy through equal employment opportunity laws, unfair labor practices, wage and hour issues, quality steel fabrication capability. unemployment compensation, wrongful discharge, state law tort and contract claims, www.mobilsteel.com occupational safety and health matters, and immigration. He also counsels clients regarding developments in the areas of counseling and discharge issues, workers’ U.S. Small Business Administration compensation, family and medical leave, wrongful discharge, restrictive employment covenants, and compliance with the Yo u r S m a l l B u s i n e s s R e s o u r c e immigration laws. To reach Alf Southerland, call 713-655-0855. 13830 South Wayside • Houston, Texas 77048 • (713) 991-0450 8 • Build Houston Magazine • December 2011 / January 2012 www.buildhoustononline.com
  • 9. BIC Alliance: One-stop shop to run a “dual-path” when representing sellers, maximizing value for its clients. helps your company grow BIC Recruiting Since BIC Recruiting’s first placement A family-owned and operated company since 1984, BIC Alliance’s mission is to “connect people in business and industry keting plan, hiring the right people and ac- quiring businesses (or obtaining capital for expansion). BIC Alliance Founder and CEO in 1999, its focus has been on sales and marketing management, general manage- ment with P&L expertise and mid- and with one another for the betterment of all.” Earl Heard and his partner and son-in-law, senior-level sales executives. By working In a business setting, better usually means Thomas Brinsko, have developed a unique with its investment banking affiliate, BIC growth. When a company looks to grow, it business model to help businesses accom- Recruiting has expertise in the placement can do so in three ways: an aggressive mar- plish all of these growth opportunities. of C-level executives for employers in ex- isting as well as new positions where merg- BIC Magazine ers and acquisitions have occurred. BIC BIC Alliance publishes the “BIC Mag- Recruiting has grown tenfold since 2009. azine” (Business & Industry Connection) 10 times a year. BIC reaches 120,000 mid- BIC Media Solutions and upper-level managers and executives BIC Media Solutions is a communi- in the refining/petrochemical, drilling and cation, training and event planning divi- exploration, pipeline, marine, terminal, sion within BIC Alliance. It offers custom pulp and paper, power generation and publishing of books about individuals and heavy construction industries. organizations and sales and marketing training manuals. It also provides turnkey IVS Investment Banking event planning services and training via IVS Investment Banking is the merger seminars and keynote presentations. BIC Alliance Founder and CEO Earl Heard, left, and acquisition matchmaking, investment For more information on BIC and his partner and son-in-law, Thomas Brinsko, banking and recapitalization affiliate of Alliance, contact Earl Heard in Baton have developed a unique business model to help businesses accomplish growth opportunities. BIC BIC Alliance. Through relationships and Rouge, La., at (800) 460-4242 or Alliance, along with its sister companies — IVS In- interest from strategic buyers such as BIC Thomas Brinsko or Jeremy Osterberger vestment Banking and BIC Recruiting — has recently Alliance members and the limited uni- begun to expand its presence in the upstream, mid- in Houston at (281) 538-9996 or visit stream, heavy construction and maritime industries. verse of private equity groups, IVS is able www.bicalliance.com. Great things happen when business and industry connect Your Connection for Business Connecting Buyers and Sellers Your Talent Acquisition Connecting Buyers and and Industry News of Energy Related Companies Connection Suppliers through Marketing, Communication and Training With over 120,000 readers, IVS Investment Banking offers BIC Recruiting finds the most BIC (Business & Industry complete investment banking qualified candidates for our BIC Media Solutions offers custom Connection) Magazine is the services to help buy, sell or clients’ open positions including book publishing; training manual Western Hemisphere’s largest grow companies in the upstream, executive management, sales development; management, multi-industry, multi-departmental midstream and downstream and marketing, plus other key sales and marketing training; energy publication. BIC Magazine energy sectors, as well as the positions in the upstream, creative services; event planning; targets key decision makers in power generation and pulp midstream and downstream and keynote presentations on the upstream, midstream and & paper industries. IVS has energy sectors. BIC Recruiting leadership, entrepreneurship, downstream energy sectors, as completed over $180 million has grown tenfold since 2009. thinking outside-the-box, well as the power generation in transactions since 2008. the “people secret”, the art and pulp & paper industries. of listening, and more. For more information, contact Earl Heard in Baton Rouge at 800.460.4242 or Thomas Brinsko or Jeremy Osterberger in Houston at 281.538.9996. www.bicalliance.com www.buildhoustononline.com Build Houston Magazine • December 2011 / January 2012 • 9
  • 10. iNdustry NeWs Houston’s Economy Remains Among the Nation’s Best Performers Houston’s Performance Part of a Broader Lone Star Story T exas’ ability to add jobs more rapidly than the balance of rates below 8 percent. In contrast, communities such as El Paso, the country has attracted national attention for at least Beaumont, Brownsville, and McAllen wrestle with unemployment two reasons. The first is political, since one of the major rates still in double-digits. presidential contenders hails (again) from the Lone Star State. The second is economic, with many people from other parts As one of the first major metropolitan areas to emerge from of the nation attempting to determine why Texas has been the recession, Houston continues to be one of the nation’s disproportionately successful and whether this success can be and Texas’ strongest economies. According to the U.S. Labor replicated. Department Bureau of Labor Statistics, from September 2010 to September 2011, nonfarm employment rose 2.7 percent To a certain extent, much of Texas’ good fortune cannot be in the region compared to the national increase of 1.1 percent mimicked. Various analysts are now terming the next major and the statewide increase of 2.4 percent. Among the 12 largest growth industry in America as Energy Technology or ET, a play metropolitan areas in the country, Houston ranked second both on the concept of Internet Technology (IT). Texas for reasons of in terms of year-over-year percentage job growth and net jobs history, corporate presence and geology is able to play a larger added, trailing only Dallas along both dimensions. Houstonians role in the ET industry than perhaps any place in the nation, can take heart, however, in the fact that their football team is with Houston serving as a major center of innovation within this much better. Unemployment in Houston stood at 8.6 percent in industry category. On a year-over-year basis through September, Texas added 248,500 jobs, or 2.4 percent to job totals, ranking the state 5th in the nation in terms of percentage job growth and second in absolute terms (California; 250,700). Sectors experiencing the largest year-over-year increases were professional and business services (+68,200); mining and logging (+38,800); construction (+35,400); and leisure and hospitality (+21,500). The biggest losses occurred in government (-33,700) and information (-5,700). The state’s construction industry now supports nearly 6.3 percent more jobs than it did a year ago, strong indication that the broader economic recovery is increasingly translating into construction opportunities. Unemployment in Texas stood at 8.5 percent in September, or 0.5 percentage points below the national rate of 9 percent. The unemployment rate in Texas would be even lower but for the fact that many jobseekers are relocating to Texas to take part in what is perceived by many to be the deepest labor market in the country. The communities of Midland, Amarillo, Odessa, Lubbock, San Angelo, College Station, Victoria, Abilene, Longview, Austin, Wichita Falls and San Antonio each boast unemployment (Continued on Page 12) 10 • Build Houston Magazine • December 2011 / January 2012 www.buildhoustononline.com
  • 11. PROFESSIONAL SHORING & SUPPLY Your Complete Rental Resource! steel trench shield manhole shield slide rail system quicksheet™ guideframe gas monitors build-a-box™ modular hydraulic vertical shores pipe plugs Other Supplies: your complete rental resource • Aluminum Shields p s p s • Road Plate s s • Porta-Tank™ • Bedding Box • Fall Protection • Electric blower/hose • Gas blower/hose Steve Hanley, General Manager • Manhole guard Houston 2515 Galveston Rd. Official Distributor: Houston, TX 77017 LONE STAR BRANCH Office: 713-671-2551 Fax: 281-715-5860 Mobile: 713-702-9273 www.professionalshoring.com 713-671-2551 www.buildhoustononline.com Build Houston Magazine • December 2011 / January 2012 • 11
  • 12. iNdustry NeWs September 2011, or half a percentage point below the national average. The steadily growing regional economy is increasingly apparent in local real estate data. During the third quarter of 2011, net office space absorption in the Houston area totaled 1,598,223 square feet and the regional office vacancy rate has fallen for a third consecutive quarter to 15.4 percent. Demand in the West Houston submarkets is unrelenting. According to CB Richard Ellis, several large leases were signed in the Energy Corridor and Katy Freeway submarkets during the third quarter, including BP, Nexen and General Electric. Looking ahead For now, the pace of recovery for the nation’s construction industry remains soft. According to McGraw-Hill Construction’s Dodge Report, new construction starts are forecast to be approximately $412 billion in 2012, essentially the same as in 2011. Growing private construction continues to barely offset shrinking public construction. In fact, in September, nonresidential construction in the United States slipped 0.1 percent on a monthly basis. However, certain segments are better poised for stronger growth. Leading the way in recent months has been construction related to the nation’s power industry, which expanded more than 21 percent over a recent twelve-month period. The energy of America appears to be in energy, and the growth of this economic segment has been particularly impactful in a number of states, Commercial Interior Specialists including Texas. Helping General Contractors meet Healthcare represents another likely candidate for economic today’s challenges with a trained and expansion. This is true for a number of reasons, including thawing credit markets, the nation’s demographics and healthcare reform, qualified workforce. which will continue to increase the number of Americans with Setting the standard for insurance and therefore enhance utilization. workforce development in the commercial construction industry: On the Job Standardized Training aBOuT ThE auThOR: NCCER Journeymen Anirban Basu was named Associated Builders Certification and Contractors (ABC) chief economist in February 2008. His primary responsibility is Program to provide ABC with timely, comprehensive Career Pathways analyses of important trends in the U.S. commercial and industrial construction English on the industry. Basu produces ABC’s electronic Jobsite Initiative economic news report, Construction Economic Update, which includes an analysis 2115 Judiway Drive of the following federal government economic Houston, Texas 77018 indicators upon their release: construction 713-681-2626 spending, employment, producer price index www.marekbros.com Basu and gross domestic product. 12 • Build Houston Magazine • December 2011 / January 2012 www.buildhoustononline.com
  • 13. Our construction team relationshipsbuilds by providing clients with solutions based on experience. 1000 Main Street, 36th Floor porterhedges.com H o u s t o n , Te x a s 7 7 0 0 2 PORTER HEDGES LLP, ATTORNEYS AT LAW Phone: (713) 226-6000 Fax: (713) 228-1331 S p e c i f i c r e s u l t s d e p e n d o n t h e f a c t s o f e a c h m a t t e r. Porter Hedges – Construction Group Ad ABC Build Houston - Dec-2011/Jan-2011 issue 7.5 x 5 www.buildhoustononline.com Build Houston Magazine • December 2011 / January 2012 • 13
  • 14. 14 • Build Houston Magazine • December 2011 / January 2012 www.buildhoustononline.com
  • 15. Cover story CEMENt, WAtER, ROCk ANd ROllCON Satterfield & Pontikes Construction Introduces the Perfect Alternative to Traditional Paving P aved today…you can drive on it today. Concrete paving without the concrete price. With roller-compacted concrete, you enjoy these impressive benefits and many more. A subsidiary of Satterfield & Pontikes Construction, Inc. (S&P), Rollcon LLC offers complete planning, design and construction solutions for roller-compacted concrete (RCC) paving projects, and Rollcon’s ability to self-perform provides greater project control and more competitive pricing. “RCC is not a complicated process,” Rollcon’s managing partner Chris Gwyn explains. “We mix aggregate, cement and water in an on-site continuous portable pugmill. The mixture is transported by dump truck to a high-density paving machine. The mix is placed with a screed from the back of the machine, then is further compacted with a roller to obtain the proper density.” Continuous portable pugmill used to mix aggregate, cement and water. “Any time that we can cut even days or of the recent RCC Symposium. weeks off a project, it makes a huge positive Among the many attendees RCC advantages Over impact on the community.” Traditional Concrete and was Ken Norsworthy, Asst. Chief Construction Manager asphalt Paving – Clinton Bailey, City Engineer • Faster construction for the Port of Houston Authority. “Our first project City of San Angelo • Economical and cost- of RCC started in 2006,” he effective states. “Currently, Rollcon • Less maintenance and S&P are going to place Roller-compacted concrete is a fast, economical construction the next phase of the project, system that is typically less expensive than conventional concrete • High strength and durability, longer- which is Gate 3.” and more durable than asphalt. RCC requires no forms, finishing, texturing, reinforcing, joint sawing and sealing. RCC is perfectly lasting Clinton Bailey, City Engineer suited for paving large expanses, such as truck yards, military • Minimal manpower for the City of San Angelo, and maintenance facilities, parking lots, container terminals and required also attended Rollcon’s aircraft parking areas. It is also becoming more widely used on demonstration. “We’re looking city and residential streets. for long-term paving options, something other than asphalt. Lower maintenance, better Rollcon was asked to conduct an RCC demonstration at the Port of longevity, ease of construction, competitive pricing. Any time Houston Bayport Container Terminal for more than 100 attendees that we can cut even days or weeks off a project, it makes a huge positive impact on the community.” David Pittman of the U.S. Army Corps of Engineers adds: “The Corps of Engineers needs it. The public agencies need it.” Rollcon, LLC is on a roll. Its client list continues to steadily grow along with its geographical reach. Though local to Houston, Rollcon’s crews and equipment stand ready to travel to locations anywhere in the U.S. for both public sector and private industry clients. Learn more about Rollcon, scan this code with your smartphone. Paved today – ready to drive today. Involves minimal manpower. www.buildhoustononline.com Build Houston Magazine • December 2011 / January 2012 • 15
  • 16. FiNaNCiaL NeWs Soothing the Health Care Cost Headache W hatever your view on the recent passage of the Health Care Reform Bill (PPACA), there can be no argument that health care in America is expensive. With the cost of health insurance on the rise, businesses big and small are struggling to provide a decent plan for their employees; and a good benefits program is vital for companies who are trying to recruit skilled talent and retain key employees. The issue of health care has become a real headache. What is a budget strapped employer to do to maintain this benefit? hospital information, doing your research before making decisions can increase your chances of lowering your health care costs. Solutions to reduce the cost of health care should be considered, and there are several ways you can cut your health insurance costs LOwER YOuR LEVEL OF hEaLTh INsuRaNCE COVERagE wITh for yourself and your employees without giving up your coverage. hIgh DEDuCTIBLE PLaNs Here are a few tips. By increasing your plan’s deductible amount, your monthly premiums will be lower and the savings in monthly premiums BE aN INFORMED CONsuMER could end up being more than what you spend out of your pocket. Whether choosing an experienced benefits professional, shopping CBY ABC ad-Oct.Nov.issue:Layout 4 8/31/11 12:47 PM Page 1 for the lowest health insurance rates or looking up medical and sET uP a hEaLTh saVINgs aCCOuNT An H.S.A. is tax-free savings accounts for medical expenses. Both employees COKINOS, BOSIEN & YOUNG and employers can contribute to the CONSTRUCTION LAW and REAL ESTATE DEVELOPMENT account, and it must be coupled with a high-deductible health plan. With Cokinos, Bosien & Young this method, the policy holder gets the once again places at the top of necessary insurance coverage, while Texas construction law firms the H.S.A. provides the means to fund according to Chambers USA– the leading publisher of the additional out-of-pocket costs on a directories and rankings for the pretax basis. The money in H.S.A.’s can legal profession. be carried over from year to year and is In addition to recognition for portable. the firm, select attorneys have also been named in the Chambers 2011 rankings. EXPLORE MINI-MEDICaL PLaNs CONGRATULATIONS TO Gap Plans offer a viable low cost alternative to expensive, comprehensive Gregory Cokinos, Richard Flake, Patrick Wielinski and major medical insurance. Unlike major Stan Curry for being honored medical insurance, many Gap Plan in Chambers USA 2011 CBY designs do not base their benefits on Again. actual charges incurred and actually & pay based on a fixed benefit indemnity amount when various health care COKINOS, BOSIEN & YOUNG Attorneys at Law services are utilized. FOUR HOUSTON CENTER • 1221 LAMAR ST., 16th Floor HOUSTON, TX 77010 sELF FuNDED hEaLTh INsuRaNCE 713-535-5500 • Fax: 713-535-5533 • www.cbylaw.com This is one method to save dollars HOUSTON • DALLAS-FT. WORTH • SAN ANTONIO on insurance premiums if you have a 16 • Build Houston Magazine • December 2011 / January 2012 www.buildhoustononline.com
  • 17. FiNaNCiaL NeWs healthy group. The self funded program utilizes high deductible catastrophic insurance to offset large claims, and the smaller claims are paid from a fund for claims by an administrator who receives fees. It is important to do a present program need analysis and review your claims history prior to making the decision to self fund. “The self funded program utilizes high deductible catastrophic insurance to offset large claims, and the smaller claims are paid from a fund for claims by an administrator who receives fees.” LIVE a hEaLThY LIFEsTYLE Seek free or low cost advice on maintaining a healthy diet and following an exercise plan. Encourage your employees to attend wellness seminars, take advantage of free health screenings at local clinics or health fairs. Wellness programs have been proven to effectively reduce healthcare costs, help cut down on employee turnover and decrease absenteeism. Considering any of these tips just may alleviate your rising health care cost headache! Christ tayLor aBOuT ThE auThOR: Christ Taylor Insurance is a 50 year old Houston-based Employee Benefits andIinsurance brokerage firm and member of ABC. We provide solutions to small and medium size companies in the areas of healthcare and other benefit packages, as well as life insurance and retirement plans. Contact the Christ Taylor team at 713-850-7747 or www.christtaylor.com. www.buildhoustononline.com Build Houston Magazine • December 2011 / January 2012 • 17
  • 18. FiNaNCiaL NeWs Warranty & Responsibility B usinesses with a fleet of vehicles could save thousands of dollars each year in repair expenses just by reading and following the recommendations spelled out in the warranty booklet that comes with every vehicle. But all too often the warranty booklet stays tucked away unopened in the glove compartment until the business finds out that the warranty will not be honored by the manufacturer due to negligence or lack of required preventative maintenance. And, by then it’s too late. Each manufacturer’s warranty is different and even the same components, including air conditioning, but not maintenance and manufacturer’s warranty can vary year to year, so it’s important wear-and-tear items such as brake pads, alignments and fluid to stay up-to-date especially as new vehicles are added to a replacement services; powertrain covers everything from the company’s fleet. What may have been covered previously may engine and transmission-transaxle-transfer case to front-wheel either no longer be covered or required intervals for preventative and rear-wheel drive assemblies. maintenance may have changed. In addition to other warranties that may cover emissions and “Each manufacturer’s warranty safety components, sheet metal corrosion and rust-through, there may be provisions for roadside assistance, towing for is different and even the same mechanical breakdown, and transportation assistance if a vehicle manufacturer’s warranty is not operable and must be kept overnight for warranty repairs. can vary year to year, so it’s However, coverage can be denied if the manufacturer’s important to stay up-to-date recommended maintenance is not completed or if there are other signs of neglect or abuse. For example, in addition to regular especially as new vehicles are oil changes, it’s just as important to check the oil level in your added to a company’s fleet.” vehicle’s engine on a regular basis. Similarly, it’s important to understand that a vehicle with extended idle times requires oil changes at much shorter intervals than generally recommended. If the vehicle’s warranty booklet is lost or misplaced, it may be possible to access the information on the manufacturer’s website. The bottom line is that the quickest and easiest way for a business Most, if not all, manufacturers also have a toll free number that to avoid paying for unnecessary repairs or those that may already you can call to order an additional booklet. Although there may be covered by a manufacturer’s warranty is to be familiar with be a small charge for the booklet, it is a lot less expensive than not the warranty coverage for every vehicle in its fleet, require drivers qualifying for warranty coverage on an expensive repair. to adhere to all recommended maintenance schedules, and document with receipts work done on every vehicle. Working with a professional fleet management company that is familiar with every manufacturer’s warranty can help a business stay up-to-date with required maintenance schedules that aBOuT ThE auThOR: comply with the manufacturer’s recommendations. In addition, Stephen McNair is Vice President for Enterprise because each and every receipt for work done on a vehicle may be Fleet Management in Houston and can be reached at 713-465-7800, ext. 131. He is supported by documented and recorded by the fleet management company, if an experienced team of veteran mechanics and a dispute arises over warranty coverage, having a comprehensive accredited Automotive Service Excellence (ASE) technicians to serve the fleet maintenance needs detailed record makes a huge difference. of businesses with mid-size fleets. The most common warranties are bumper-to-bumper and powertrain. Bumper to bumper covers a majority of the vehicle’s mCNair 18 • Build Houston Magazine • December 2011 / January 2012 www.buildhoustononline.com
  • 19. www.buildhoustononline.com Build Houston Magazine • December 2011 / January 2012 • 19
  • 20. saFety NeWs Party time! L ast holiday season, the manager of the maintenance department of a major airline received a call from her upper line manager that one of her workers had been found in coma conditions in the tail of the airplane. He had sequestered himself off in the tail before takeoff and flown that way for over a thousand miles. The skin of the airplane at normal cruising altitude is about -40 Fahrenheit. He had hoped to die. He didn’t. The worker had been quiet but in no way under-performing so the manager never suspected a thing. typically more expensive distilled spirits and off premises drinking November marks the beginning of the holiday season and, no went down in 1970. matter your faith, this is a festive time of year. But even with all the festivities, holidays are riddled with tensions, too. Sometimes Further, there are other studies, only one of which is quoted this is a very lonely time of year for those who have suffered losses herein, which suggest that other forms of inexpensive pleasure or setbacks or increased financial stressors. Further, with workers seeking and self-medication rise during times of social stressors and employers alike struggling with the effects of a seriously including recessions and holidays. These include everything crippled economy, everyone is likely facing a leaner holiday table from simple entertainment like going to the movies, to cosmetic this year. procedures to make one feel better, to workplace affairsii, or the illegal use of other types of substances to self-medicate. These all While the authors of two reports I will quote hereini conclude add to the typical holiday stress. that there is no definitive trend proving an increase in alcohol consumption during recessions, these “conclusions” are in direct Please raise awareness among your workers this holiday season contradiction to the statistics quoted within the authors’ own for the common holiday-related hazards so that the festive spirit articles. So, I’ll ignore their conclusions and share just the facts need not be marred by tragedy in your workplace: with you from the Gallup poll and the BOE (Bureau of Equalization) studies which they used as their source documents. • Conduct training sessions about the hazards of drinking and driving and encourage your employees to plan NOW “According to these studies, for a designated driver and a safe approach to their holiday beginning in 2010—as arguably parties • Remind those who plan to host parties, whether employers or the worst recession of modern employees, that providing unchecked access to alcohol and times hit our country—alcohol then allowing your attendees to drive away in that condition has often caused the liability to fall back onto the hosting consumption in America hit an all- employer or individual when it came to criminal negligence, time high and has continued.” should it be determined that an accident occurred due in whole or in part to the alcohol consumption. • Be alert to signs that your workers or loved ones may be According to these studies, beginning in 2010—as arguably suffering from the holiday blues, especially for those who the worst recession of modern times hit our country—alcohol have had recent setbacks such as loss of jobs, reduction of consumption in America hit an all-time high and has continued. pay due to economic conditions, illness, divorce, or loss of Further, students of American history will note that during 1970, loved ones. which contained serious recession conditions in all four quarters, alcohol consumption of wine and beer was up in the public and Finally, let’s remember to circulate this good old YouTube reminder private sectors throughout the year. Only consumption of the about the fire hazards of the holiday season whether they are 20 • Build Houston Magazine • December 2011 / January 2012 www.buildhoustononline.com
  • 21. saFety NeWs overloaded electrical circuits or dry Christmas trees (http://www. youtube.com/watch?v=GQT8yOYJKxQ). Make safety first this holiday season to ensure a truly festive yearend. i http://www.boe.ca.gov/news/pdf/ep-11-10.pdf http://www.businesswire.com/news/home/20101019007164/en/Influence- Recession-BOE-Answers-Question-%E2%80%9CDo-People ii http://www.cheatingspousepi.com/affair_at_work/Workplace_Infidelity.pdf aBOuT ThE auThOR: Tara Hart Amavi is the Founder and President of TCA/The Compliance Alliance L.P., which ranked #20 on Houston’s 2007 Top 50 Fastest Growing Woman Owned Businesses. TCA has provided services to almost 1000 companies nationwide and TCA tools, methods and means have been ranked #1 in the world for managing contractor safety. Named one of the Who’s Who in Safety by Compliance Magazine, Ms. Hart is a sought after public speaker and has appeared on local and national radio and television programs. Ms. hart Hart may be contacted at tara@tcamembers. 067603 6/26/06 11:05 AM 713.263.7661. com or Page 1 Even if your business has just a few vehicles, that’s still a fleet. And managing that fleet is taking time away from your business. At Enterprise Fleet Services, we specialize in fleets like yours so you can spend your time doing what you do best. We’ll assign a dedicated account team that will design a program that’s right for you. A program that takes advantage of services like vehicle disposal, loss control coordination and maintenance plans. Put your work week back to work. Call us today for a free detailed analysis of your fleet. smcnair@erac.com www.enterprise.com/fleets (713) 465-7800 ©2006 Enterprise Rent-A-Car Company. 067603 6/06 KR www.buildhoustononline.com Build Houston Magazine • December 2011 / January 2012 • 21 Size: 7.5 x 5 Non-Bleed 4-Color High Res Images Output at 100%
  • 22. saFety NeWs do you have Vitamin C Safety deficiency? L ots of people have ailments in life; some because of life style and some because of neglect. Many of life’s problems may be due to vitamin, mineral or nutritional deficiencies. Would you believe that companies can have the same problems? Well almost the same. Let’s discover some of the problems. A healthy dose of Vitamin C Safety might be the remedy. Vitamin C Safety Deficiency No. 1: Effective communications Years ago when teaching a course for ABC, Effective Communications was the topic. For communications between the home office and the various field locations, e-mails, faxes and telephone messages may not be effective. For employees and staff in the field, phones and computers may not be the best tools to get constant and consistent messages. For that reason, a direct concrete pours. It is hazardous work with many known hazards message from one person to another is needed. As we say in the and many more unknown. When the foreman was asked how field, “straight from the horse’s mouth”. Direct talk usually clears the record was accomplished, he gave some unusual answers. the air and gets issues on a level playing field. The first thing he did when a new crewman was assigned to him was to sit down in a quiet place and in one-on-one discussion For fun at a meeting, try playing the game of ‘gossip’. It will teach discover all about the new worker. The talk would cover where the group about effective communications. Just whisper to one the person was from, about his family, hobbies and interests, person your message and ask them to whisper it the next person; where he had previously worked and other personal questions. then the next and next until the message has gone around the Next the foreman would pull a photo of his family out of his wallet room and is repeated to the original sender. This will show the and show the new crewman his loved ones, explaining that this whole group how things become out of context and confusing. is the reason he works: to provide and care for his family. The Normal communications or lack thereof needs some continuous conversation went on revealing much more about both parties. improvement. Effective communications works when you give a Near the end of the conversation, the foreman explained to message to a hearer and then you ask the hearer what was said. the worker that this crew was a “Zero Injury Crew”. Further he When giving safety tool box instructions, I used to tell the crew, explained that they did not permit at-risk work or at-risk behavior “Now, tell me what I told you”. Use of this method takes all the and that if the new worker did not believe that he could work guess work out of instruction. safely from the first moment in the crew, the foreman needed to know it before work began. If the worker declared that he could No. 2: Caring not work safely, he was not allowed in the crew. Mr. Foreman A wise mechanical engineer friend once told me: “Until employees never accepted a worker that could not, by his own admission, know how much you care, they don’t care how much you know”. work safely. Showing that you care for each person so much that That statement has resonated with me for many years in the you will not allow them to work is vitally important at the jobsite. construction business. I’ve found it to be truer and more useful than many other profound gimmicks and quotations used in the No. 3: Commitment field. A true follower of supervision on a jobsite is one who has Who can commit at-risk behavior? Workers? Yes, of course. determined that the boss cares about the workers. In 2010, What about management? Can leaders commit at-risk behavior? during a training session at a large construction work site, it was Yes, again. How is that you might ask? Well, delay in purchasing discovered that a civil foreman had worked for over ten years the correct personal protective equipment is one way. Failure to without any of his crew experiencing an injury of any type. That approve a certain training class is another. Failure to support the phenomenon extended for over 100,000 work hours. The crew field is another. So yes, management can be the ones committing performed work in trenches and excavations building forms for at-risk behavior. 22 • Build Houston Magazine • December 2011 / January 2012 www.buildhoustononline.com