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www.constructionnews.net (210) 308-5800 Volume 13 Number 8 AUGUST 2013Capitol Floor

Hill & Wilkinson General Contrac-tors has completed Independent Bank Regional Headquarters in

Austin. The owner is Independent Bank Group. The project manager was Joe Tracy and the project superintendent was Bob Sharp, Hill & Wilkinson. The architect was Jim Wilson Architects. “The new 15,500sf Independent Bank Regional Headquarters is located on .39 acres in Austin’s urban core,” Tracy said. “The $9 million project consisted of two levels below-grade for parking and three levels above-grade for retail bank-ing and corporate office space, making it a challenging urban infill project.” Tracy says the building has a cast-in-place concrete frame and is clad with a mix of materials including chopped stone, honed stone, curtain wall, store-front and metal panels. The interior con-tains custom finishes including more

stone, exposed concrete, terrazzo, end-cut mesquite, glass partitions, stainless steel handrails, blackened steel accents, floating ceiling elements, metal panel ceilings in the parking structure, custom designed lighting fixtures and leather-wrapped door hardware, all to create an inviting and boutique appearance. “The most significant challenge on this project was logistics,” he said. “Since the site was only .39 acres and fronted city streets with overhead utilities on two elevations, there were extraordinary measures taken to coordinate with the power and communication providers with facilities on the overhead poles. “In planning the retention and exca-vation work, it was identified early in the preconstruction process that the over-head utilities would be too close to the drilling equipment installing the soldier piers to provide for a safe operation.

Photos by Wade Griffith PhotographyThe Independent Bank Regional Headquarters

President Jack Pelath says Austin, TX-based Travis Glass Inc. has op-erated for 43 years. He says in the

beginning he worked out in the field as an installer. “We have seen five recessions since the early days,” Pelath said. “We made it through every one of the them. We are still at our original location on N. Inter-state 35.” According to Pelath, Paul Tumbush, installer, has been employed at the com-pany for 38 years. “My son-in-law David Thurman is running the business these days,” he said. “I got cancer about three years ago and I had to have major surgery. It put me out of work for two years. David took things

over during that time. “Nowadays, I work a half a day every day. Lately, I have been working every day! I really enjoy what I do. My favorite part of my job is meeting and talking with new and existing customers. “My daughter Chrissy and Mary, my wife of almost 50 years, handle the book-keeping and work at the office on Wednesdays and Fridays.” Pelath says he enjoys spending time with his wife, children and grandchildren when he isn’t at the office. He says every now and then he and his wife like to watch the Round Rock Ex-press baseball team play at the Dell Dia-mond.

Jack Pelath (right) and the Travis Glass team

Bruce and Pam Patterson founded Austin, TX-based Cody Builders Supply and incorporated the busi-

ness in 1994. Stacy Sass, finance officer and daughter of the Pattersons, says the com-pany has 50 employees working at three different fabrication sites with all admin-istrative support housed at the North La-mar office. “Since the early days, we have ex-panded steadily and have worked on in-frastructure, water and waste-water, and transportation projects in Austin and around the country,” Sass said. On the side, Sass says several em-ployees at the company enjoy watching and attending football games in the fall

The Cody Builders Supply staff at the North Lamar office

season. “In addition, we are all avid music fans,” she said. “The radio station at the office is always set to KGSR. Work may stop momentarily for a call in opportuni-ty for concert tickets!” When she is not at the office, Sass says she loves singing and she likes to participate in open mic nights around town and at the company Christmas par-ty as well. According to Sass, the company pro-vided the metal products including over 20,000sf of stainless steel mesh panels for the Austin Convention Center Parking Garage and Cooling Plant project.

Page 2 Austin Construction News • Aug 2013

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

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

conveniently located to service Austin and San Antonio

When Marble Falls, TX-based Granite Time Inc. opened in 1977 the company mostly made

granite clocks. Over the years the com-pany expanded to provide commercial and residential granite countertops. “We have operated at our facility on Highway 281 since 1980,” said Owner Ru-ben Rodriguez said. “We named the company Granite Time because we made so many small clocks in the beginning.” Rodriguez says several of his family members work with him at the shop these days. His brothers are Raul, Efrain and Ed-uardo Rodriguez, his brother-in-law is Rubaldo Garcia and his two nephews are Alex Rodriguez and Brandon Garcia. “I love what I do today because we start with a chunk of an odd looking rock and we turn it into a beauty. I have al-ways been motivated to do quality work.”

Time keeps ticking

Looking towards the future, Rodri-guez says he would like to stay at the cur-rent location as long as possible. –ab

Owner Ruben Rodriguez manages the measuring, biddingand installation work at the company.

Granite Time only made granite clocksin the early days.

Roofing starsConstruction News ON LOCATION

L-R: Jose Ramirez, Denny Dieguez and Richard Price load materials at Austin Star Roofing, a roofing and rain gutter contractor specializing in

residential and commercial projects. –ab

15 to 500 TonCapacitiesAvailable for yourToughest Projects

www.alamocrane.com

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

Woman-Owned BusinessCity–94–020011/WBE

State–13580/WOB

34 Years of Service to Texas

Setting rebar cages at Scott White Hospitalin Temple forDPR Construction

fromEl Paso toBeaumont

Amarillo toBrownsville

Making repairsConstruction News ON LOCATION

L-R: Ingo Kreh, Wayne Garner and Byron Pitts do what they do best at Jon’s Rental, an equipment rental company. –ab

Austin Construction News • Aug 2013 Page 3

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

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

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

CONSTRUCTION NEWS Austin Austin Editor — Abby BeMent — AustinEditor@ConstructionNews.net — 713-599-1774

©2013 Construction News, Ltd.

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Party of twoConstruction News ON LOCATION

L-R: Stormy Bennett, shop manager and Reagan Norton, vice president of operations, Commercial Services Co., had a lot of fun celebrating Jul. 4th. –ab

Beckett Electrical Services hosted a vendor appreciation party this summer at the Metric Blvd. loca-

tion. Owner Jesse Beckett says the com-pany has reached its 10-year anniversary. “We have achieved many milestones in the last 10 years of business and we could have not accomplished this with-out our vendors help,” Beckett said. “It was a great time had by all!” Beckett Electrical Services is a local electrical contracting company. –ab

Thanks to all

Way to goSubmitted to Construction News

L-R: (Front) Cesar Hernandez, Caroline Gorman, Adam Van Lear and Ryan Swan-son and (Back) Jerry King, Austin Cloud and Andrew Komm make things happen

at Austin Winnelson Co., a source for plumbing materials and supplies. –ab

Page 4 Austin Construction News • Aug 2013

Floyd Ward, Owner

Accutex Survey Systems Inc.

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Accutex Survey Systems Inc. is a surveying and mapping firm founded in 1981 by Floyd Ward,

Registered Professional Land Surveyor (RPLS). Ward oversees and performs survey-ing or mapping projects on a daily basis. He performs commercial land surveys, construction staking, some residential surveying, design surveys, mapping and he does cemetery development.

Where are you originally from, Floyd? I was born in Austin, TX at the old Brackenridge hospital in 1950. I grew up in North Austin. I have seen Austin change drastical-ly. When I was a kid I could actually see the Milky Way at nighttime at my moth-er’s house in North Austin. You can’t see that anymore. Austin was a small town when I grew up. It was a nice town. I thought Austin was the best town in the world when I was a kid.

What high school did you go to? I went to Lanier High School.

Did you play any sports? I participated in martial arts in my 20s and I went skydiving a few times.

Describe your very first job. I worked at a Ballard’s convenient store during high school. There were several Ballard’s convenient stores around Austin. I worked at one about three blocks from where I lived. I serviced cars at a few gas stations too.

What did you do after high school? I got into air conditioning for a little while after high school. I worked at an appliance company as a chief mechanic. Not too long after that, I went to work for a dune buggy company. I had fun doing that for a while.

What sparked your interest to become a surveyor? I became interested in surveying in 1969. I started looking for a job when I was 19. I didn’t have a lot of direction at the time. I was just trying to figure out what I wanted to do when I grew up. I started doing surveying work at an engineering company. I was hooked ever

since. I was impressed with the trigo-nometry and geometry. I also liked the fact I could work outside. Next, I was drafted in the U.S. Army as an artillery surveyor. After that, I worked at surveying companies in the ‘70s.

When did you start your company? In Aug. 1981, I obtained my registra-tion as a Professional Land Surveyor. I started my business shortly thereafter. My original intention was to main-tain a small business in order to provide my clients with personalized service. However, the early to mid 80’s in the Austin area were phenomenal. Before I knew it, my business had grown to 15 employees and three field crews within two years. A few years after the rush, the late 80’s saw a number of businesses go belly up. I was forced to downsize, eventually down to a one-man operation - which suites me to a tee. Now I am able to do what I originally set out to do. I think “bulk” or “high volume” type work introduces sloppy procedures and creates the high probability of error and an unreliable survey.How has surveying changed over the years? I started back in the days when we were measuring with 100 ft. tape. In sur-veying terms, this is what we call a “chain”. In the old days surveyors actually used a 66 ft. chain. We still call the tape a chain. We used to be able to measure 100 ft. at a time. Nowadays, we can measure 2,000 - 3,000 ft. in a few seconds. I can set my instrument up and con-trol it from wherever I am at. It measure distances with a laser beam and it is con-nected by Bluetooth radio. The advanced technical equipment has made surveying fun! When did you start doing cemetery development? In 1984 Charles Walden of Cook-Walden/Capital Parks in Austin, TX called my firm to do some small surveying proj-ect at their cemetery in Pflugerville, TX. One project led to another and my name got out there among the cemetery industry and my experience grew. I have worked with cemetery owners, cemetery association officers and managers. Over the years, I have learned the cemetery laws, operations and manage-ment.

What are the keys to success in your industry? Go the extra mile and do more than what is expected of you. I think to per-form a reliable survey, it must be meticu-lously researched and precisely mea-sured. Careful planning allows you to meet your deadlines and provide a cost effec-tive product. What advice would you give a young person who wants to become a sur-veyor? I’d say sign up for surveying classes at Austin Community College. Nowa-

days, it is a little bit different to get into surveying than it was when I first got into surveying. You can still get into it by on-the-job training, but I think it is a good idea to get an education first. Take a few surveying classes and get a feel for it and make sure it is something you really want to do. There are many avenues you can go in surveying. You can work outside and do field work or you can work inside and be a technician. It is not easy work in the field. Be ready for the environment and the heat. The temperatures can get brutal in the field in the summer time. Most people think of a surveyor as a person on the side of the highway next to a surveying instrument. Most surveyors you don’t see are the ones carrying a machete with them so they can survey in the woods. Some-times you run into snakes, bees, wasps and more. The snakes, bees and wasps don’t bother me. I just leave them alone and they leave me alone. I am not afraid of snakes. I don’t want to kill them. I just let them be be-cause I am in their territory.

Have you seen any live music in Austin lately? Yes, I will go to concerts every now and then. I used to love going to the see the Battle of the Bands event at the Aqua Fes-tival years ago. I have always liked rock and roll mu-sic as well as country and western and classical music. I had the opportunity to see Jimi Hendrix perform live when I was in the Army. I have also seen Three Dog Night perform. I remember the very first concert I at-tended was a Herman’s Hermits concert. I’d have to say Led Zeppelin is my all time favorite band. I never did get to see Led Zeppelin play at a concert but I have seen a concert on television.

How many children do you have? I have one son and two daughters, three grandchildren and one on the way. I enjoy spending time with my family. What other hobbies do you enjoy? I like to walk and hike for exercise af-ter work and on the weekends. I used to exercise all the time. I have a couple of dogs I walk every day twice a day. I love what I do today. My work is kind of like my hobby. I do like doing do-it-yourself type of projects on the weekends.

What kind of dogs do you have? I have a dog I bought from a local pound. I paid $25 for her. In fact, that is her middle name – “$25”. She is a great dog and I am glad I got her. In addition, my girlfriend has a friendly black lab rescue dog.

What does it take to stay in business for 32 years? I think you have to keep your expens-es down. It has been a roller coaster ride for me. I have had really good times and I have had time when I thought I would have to close the doors. I think it takes a lot of perseverance to stay in business for three decades or more. What are your future plans? I want to continue doing what I am doing today. This is what I know and this is what I am good at. I look forward to surveying, map-ping, platting, recording, design, man-agement and consulting with advanced technical equipment in the future. –ab

Floyd Ward says his work is kind of like his hobby.

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Austin Construction News • Aug 2013 Page 5

Skins and fins

Members of the Fire Sprinkler Contractors As-

sociation of Texas, (FS-CATX) converged on League City, May 30 – Jun. 2, for the association’s third annual skins and fins event. The multi-day, multi-event kicked off with an association meeting, con-tinuing education classes, and tabletop vendor show. Over the next two days, 94 golfers hit the links for the event’s skins golf tournament, and 72 members spread across 18 boats participated in the fins fishing tourna-ment. “Golf and fishing are obviously always a good time,” said Travis Hitzeman, event chairperson. “It’s gotten wings now. It’s a great atmo-sphere socializing and meeting other in-dustry folks.”

Members show off their catch.

This year the association raised mon-ey for the family of Morris Bridges, fire sprinkler technician and member of the West Volunteer Fire Department who died in the explosion at the West Fertiliz-er Company. “The event has grown so much more than expected,” said Hitzemann, “But that’s a good problem to have.” -bt

Winner of closest to the pin Hal Wychopen, Gary Ladd, and Wayne New

When Louis Spaw co-founded SpawGlass General Contrac-tors with Frank Glass six de-

cades ago, he set the priorities and phi-losophy of the company with a simple quote, for which he is still remembered among the nearly 300 employee-owners. “We don’t just build buildings,” Spaw said. “We build people.” Joel Stone is one of those people. “I’ve been with the company for 25 years,” Stone says, noting that he was there when the employees bought the company. “I started as an intern out in the field just doing labor type work. I became CEO Jan. 1, 2012.” Stone points out that in addition to SpawGlass celebrating its 60th anniver-sary as a company, “We’re celebrating 20 years of employee ownership, which has been really exciting and makes for a very rewarding culture.” SpawGlass emphasizes developing their people while building commercial

Building more than buildings

projects as well as senior living and cam-pus housing. The company also has a civil division. The corporate personnel are based in San Antonio, and the com-pany has five other locations in Texas, in-cluding Austin, Houston, North Texas (Fort Worth), and South Texas (Harlin-gen). Spaw and Glass met at Rice Universi-ty in the 1930s, but did not meet again until 1953 when they founded their com-pany. Their first project was enclosure of a porch for the organist at Spaw’s church. The cost was $1,080.18. Today, company revenue is more than $475 million a year. “I couldn’t imagine myself being any-where else,” says Stone. “I enjoy it. It makes it fun to come to work every day, and it’s a great challenge. The economy has been a little bit of a challenge, but it seems to be coming around as well, so things are looking up and we’ve got a lot of exciting things happening here.” –mp

L-R: Gilbert Martinez, Joel Stone, Derek McDaniel, Jennifer Coldeway

Page 6 Austin Construction News • Aug 2013

Most construction companies lease office space, construction equipment, vehicles and/or office

equipment. A revised Exposure Draft on lease account-ing was issued in May 2013 to increase transparency and comparability among organizations by recognizing

lease assets and liabilities on the balance sheet and disclosing key information.

Current accounting models for leas-es require lessees and lessors to classify their leases as either operating or capital leases thereby resulting in two different accounting treatments. Proposed Guidance A lessee would recognize assets and liabilities for any lease that exceeds a Short Term Lease (a lease, at the com-mencement date, that has a maximum possible term under the contract includ-ing any options to extend, of 12 months or less and that does not contain a pur-chase option). This revised Exposure Draft requires an entity to classify a lease as either a Type A or a Type B lease. The following criteria are used to determine lease type: • If the underlying asset is not real prop-erty, it is a Type A lease unless one of the following is met: a. The lease term is for an insignificant part of the total economic life of the un-derlying asset. b. The present value of the lease pay-ments is insignificant relative to the fair value of the underlying asset at the com-mencement date. If either is met, the lease is a Type B lease. • If the underlying asset is real property, it is a Type B lease unless one of the fol-lowing is met: a. The lease term is for the major part of the remaining economic life of the un-derlying asset. b. The present value of the lease pay-ments accounts for substantially all of the fair value of the underlying asset at the commencement date. If either is met, the lease is a Type A lease. • If a lessee has a significant economic in-centive to exercise an option to purchase the underlying asset, a lease must be classified as a Type A. Under the revised Exposure Draft, a lessee would do the following:• For all leases other than Short Term Leases, a right-of-use asset is debited and a lease liability is credited, (measured at the present value of lease payments).• For Type A leases, amortize the lease li-ability similar to an amortizing loan and amortize the right-of-use asset on a sys-tematic basis. The lessee would record

Proposed lease accountingchanges will affect allCari Takao, CPAFisher, Herbst & Kemble, P.C.San Antonio, TX

the discount on the lease liability as inter-est expense separately from the amorti-zation expense of the right-of-use asset.• For Type B leases, amortize the lease li-ability similar to an amortizing loan and amortize the right-of-use asset in each period so that the lessee would recog-nize the total lease cost on a straight-line basis over the lease term. In each period, the lessee would record a single lease cost combining the discount with the amortization of the right of use asset (yielding same expense as existing rules). The revised Exposure Draft would re-quire that a lessee and a lessor measure assets and liabilities arising from a lease at the present value based on an appli-cable discount rate using:• The lease term determined as the non-cancellable period, together with both of the following: – Periods covered by an option to extend the lease if the lessee has a significant economic incentive to exercise that op-tion.– Periods covered by an option to termi-nate the lease if the lessee has a signifi-cant economic incentive not to exercise that option.• The fixed lease includes payments and variable lease payments that depend on an index or a rate (such as CPI) but ex-cludes other variable lease payments un-less those payments are in-substance fixed payments. The final outcome of this revised ex-posure draft will be dependent on the comments received by September 13, 2013. Be aware that the accounting treat-ment proposed will add debt to the bal-ance sheet which could affect debt cov-enants and common ratios sureties re-view. We have prepared a spreadsheet template that you can use to determine the accounting entries for Type A and Type B leases under the proposed expo-sure draft. Please email me if you would like a copy.

Cari Takao, Shareholder, CPA can be con-tacted at ctakao@fhkcpa.com Fisher, Herbst & Kemble, P.C. is a full service ac-counting firm performing assurance, tax preparation/planning and accounting ser-vices

Contractual indemnifications:The third party over action riskWes Pitts, Assistant Vice PresidentUSI SouthwestAustin, TX

Okay so we thought most of our problems were solved when Texas sought to regulate construction

indemnity effective January 1, 2012. Offering non pro-fessional legal review of customer’s contracts, I can tell

you that I’ve never seen more dissimilar, lengthy and often convoluted indemnifica-tion language in Texas construction contracts today..the “whatever’s” and “whatsoev-er’s” are more rampant than ever!

Of particular issue is the risk of “third party over action” in which the lower tier contractor’s employee, after recovering Workers’ Compensation benefits, can sue third parties, including an upper tier (hir-ing contractor), claiming that their negli-gence or fault contributed to the injury. In light of the prevalence of these actions in Texas, the new law contains an excep-tion for bodily injury to the indemnitor’s employees, and so this continues to be a particularly acute issue for Texas contrac-tors. Under those circumstances, indem-nification of the indemnitee’s own negli-gence is still allowed. So is this fair? Well, first I think that it is important to know that the new law just states what’s no longer allowed with exceptions, howev-er, it does not obligate one party to agree – in other words, just because a contractor can legally ask another con-tractor to indemnify them for their own sole negligence with respect to the hired contractor’s employee injuries, this does not force the hired contractor to agree to this. I am not trying to get you thrown out from being considered on projects, because that can and will happen in many cases when you push back! Let’s consider this further, really if that hiring contractor due to their own sole negli-gence causes your (hired contractor’s) employee to be critically hurt or injured, should you have to defend that hiring contractor if your employee brings suit against them when you had nothing to do with the incident at all? Any contrac-tor will likely answer that this is a risk you must be willing to take, a privilege for be-ing hired and for us allowing your em-ployees onto our job site. Well let’s keep going and see if you still feel this is a fair deal. Okay, let’s use an example to make a point here, your employee is up on the third floor of a building under construc-tion - the hiring contractor has a debris detail employee with no OSHA training under the influence running a forklift that accidentally runs into or over your employee – your employee is seriously injured. Now, recall you’ve signed an in-demnification agreement whereby you agree to hold harmless and indemnify the hiring contractor even for their own sole negligence with respect to injuries to your employees..still legal in Texas!

Well then now not only have you (the hired contractor) submitted a Work-ers’ Compensation claim for your em-ployee, but your employee retains an at-torney and brings suit against the hiring contractor – here we come third party over action claim! The hiring contractor is then going submit this as claim right back to you under the terms of their sub-contract with you - your insurance carrier has joined in the fun by supporting you with an Additional Insured endorsement issued to the hiring contractor that no doubt has the “arising out of” wording in it, because you know that hiring contrac-tor insisted on the AI that dates back 28 years to 1985 or its equivalents, you know the ones!

At this point you have to additionally submit this to your Commercial General

Liability carrier to step up and pay for the defense of the hiring contractor under the terms of the contract that you signed with them – yes that’s right you are now paying for their claim from your employ-ee that was hurt by their own fault under your CGL policy, all the while your good employee who’s hurt hasn’t a clue the position he’s put you into here as he just assumes you only have the Workers’ Comp. claim on him. Now is this fair?, the hiring contractor has an operator “under the influence” with no training that darn near paralyzes your employee, and now you not only have a Workers’ Comp. claim on your hands that is going to kill your experience, but now you’re also dealing with potentially very sizeable CGL claim – a “Third Party Over Action” nightmare!

Some contractors may say we have to get work and this is what we buy insur-ance for and a risk we have to take...okay that’s fine, but have you seen what the insurance marketplace has been doing lately?…rates up, and a $1-$2MM loss on your record and possibly add another $1MM from your Umbrella isn’t going to help you when it comes renewal time (From Liability underwriter’s, “what is your insured doing with respect to risk transfer and avoiding over action claims?, how much premium do we need to sup-port this account’s losses?”) How you ask yourself could I have fared better? Well, at some point maybe you have to consider, even for employee claims, only indemnifying that hiring contractor to the extent that you cause the loss in whole or in part by any negli-gent act or omission of yours or anyone that you directly or indirectly employ, or by anyone for whose acts you may be li-able. But instead you really wanted that job and you didn’t want to “rock the boat”, so you signed the contract as pre-sented –after all you’ve got a great rela-tionship with that contractor. Just want to make sure that you understand again..the new law does not force you to agree to this on employee claims – there is just an exception to the new law whereby in a Texas construction contract a contractor can still ask for this kind of what we call “broad form” indemnity in their contract on employee claims, but it does not force you to agree to it.

Your agent should be able to offer non legal guidance to you in the area of contract review (this advice should not replace the need for review by the in-sured’s own legal counsel), but give your agent time, after all like I said the “what-ever’s ” and “whatsoever’s” are more rampant than ever out there!

Wes Pitts is a native Austinite with 25 years experience in sales and servicing of commercial insurance, bonding, employee benefits, retirement solutions and wealth management. He is a six-time Pinnacle producer for USI Southwest, and leads the Construction Practice for their Austin office. Wes can be contacted at 512-651-4107 or at: wesley.pitts@usi.biz

Austin Construction News • Aug 2013 Page 7

Can computer based trainingbe used for first aid training?Joann NatarajanCompliance Assistance SpecialistOSHAAustin, TX

Question: Does OSHA consider online training only (computer-based train-

ing without a hands-on skill component or verification of competent skill perfor-mance by a qualified trainer) acceptable for meeting the intent of the basic first-aid and CPR requirements of OSHA stan-dards?

Reply: Online training alone would not meet the requirements of these train-ing standards. The word “train” is defined as “to make proficient with special in-struction and practice,” Webster’s II New Collegiate Dictionary, 1995, p. 1,169. These standards require training in physical skills, such as bandaging and CPR. The only way these physical skills can be learned is by actually practicing them. OSHA’s Best Practices Guide: Fundamen-tals of a Workplace First-Aid Program, 2006, p. 11, states that a first-aid training program should have trainees develop hands-on skills through the use of man-nequins and partner practice. The guide may be accessed at http://www.osha.gov/Publications/OSHA3317first-aid.pdf

Doctors and nurses receive hands-on training. However, the standards cited above do not require verification of com-petent performance, except as follows:The general industry confined space standard provides at 29 CFR 1910.146(k)(l)(i): (k) Rescue and emergency services. (1) An employer who designates res-cue and emergency services, pursuant to paragraph (d)(9) of this section, shall: (i) Evaluate a prospective rescuer’s ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified;

The logging standard provides at 29 CFR 1910.266 in mandatory Appendix B

that training “shall be conducted using the conventional methods of training such as lecture, demonstration, practical exercise, and examination (both written and practical)” (emphasis added). The diving standard at 29 CFR 1910.410(a)(3) provides that training of dive team mem-bers shall be “(American Red Cross stan-dard course or equivalent).” Since the American Red Cross standard courses in-clude verification of competent skill per-formance, this provision requires like-wise.

Question: Do OSHA standards re-quire that there be a means of communi-cation available at each worksite for sum-moning emergency medical assistance? Reply: Yes. Section 1926.50(f) states:In areas where 911 is not available, the telephone numbers of the physicians, hospitals, or ambulances shall be con-spicuously posted.

The purpose of §1926.50(f) is to en-sure that, where 911 is not available, the employer can rapidly contact emergency responders without wasting time trying to find the right phone number. Implicit in this requirement is that a means of communication must be available at each worksite. Having 911 available is useless if there is no way for the employer to call 911 from the worksite. Similarly, if 911 is unavailable, meeting the require-ment to conspicuously post the emer-gency numbers at the worksite would be equally pointless.

natarajan.joann@dol.gov512-374-0271 x232

Enforceable of forum selectionand choice of law clauses inlitigation and arbitrationR. Carson Fisk, ShareholderFord Nassen & Baldwin P.C.Austin, TX

A dispute that heads to litigation or arbitration will be time consuming and expensive. If a Texas-based

contractor is forced to litigate or arbitrate a case in a dif-ferent state, possibly under that state’s laws, the time and expense can increase dra-matically. Licensed local counsel may be needed (or required) to help navigate proce-dural issues and to address points on substantive law. The contractor will be at the mercy of the local market in determining cost—a significant factor when one consid-ers the difference between the hourly rates of attorneys in the various states. Travel-related matters will also require additional time and money, in addition to the uncer-tainty that comes with being involved in such a case.

For projects that take place in Texas, any disputes that arise would typically be addressed in Texas, under Texas law. That, however, can change where the parties agree otherwise. Owners and contractors based outside of Texas often include forum selection clauses in their downstream contracts, which select a lo-cation where any dispute is to be re-solved. They also often include choice of law clauses, which require that any dis-pute be governed by a certain state’s laws. More often than not, the home base of the upstream party serves as the foun-dation for both types of clauses. For ex-ample, a California-based contractor may require that its Texas-based subcontrac-tors on a Texas project arbitrate any dis-putes in California under California law. While Texas is a state that generally promotes the concept of freedom of con-tract under which parties can make what-ever deals they choose, some contract provisions are considered unenforceable as a matter of public policy. Such is the case with forum selection and choice of law clauses like those described above. Under chapter 272 of the Texas Business and Commerce Code, Texas law provides that “[i]f a [construction] contract con-tains a provision making the contract or any conflict arising under the contract subject to another state’s law, litigation in the courts of another state, or arbitration in another state, that provision is void-able by the party obligated by the con-tract to perform the construction or re-pair.” In theory, this statute serves to keep disputes related to Texas projects in Tex-as. Such a policy makes sense, as Texas has an interest in having disputes that arise within its borders resolved here. The statutory option may sound promising for a Texas-based contractor, particularly one who neglected to review forum selection and choice of law clauses before signing a contract. However, vari-ous courts have limited the effectiveness of this statute. A federal court in Texas has ruled that the statute did not apply to a subcontract agreement on a federal project at Fort Hood as to permit its use “would amount to Texas [improperly] ex-

ercising legislative jurisdiction over prop-erty located entirely within the federal enclave.” A Texas state court has ruled that the Federal Arbitration Act, which governs arbitrations that involve inter-state commerce, preempted the Texas statute as the statute was inconsistent with the requirements of the Federal Ar-bitration Act. A federal court of appeals that covers Texas has made a similar rul-ing as to a Louisiana statute. The practical effect of these rulings is that where a fed-eral project is involved or interstate com-merce is involved (and the Federal Arbi-tration Act controls), forum selection and choice of law clauses may be (and in many cases likely) enforced, despite the existence of Texas statute that says they may not be. For a contractor, this entire exercise can be frustrating. Procedural fights, which flesh out the standards used by courts in addressing these matters, are time consuming and expensive. Contrac-tors need to be informed—at the con-tract negotiation stage—as to how they would prefer to address forum selection and/or choice of law clauses. They cer-tainly should not rely on Texas statutes and public policy to serve as a means of protecting them from the inconvenience and cost of litigating or arbitrating out of state under another state’s laws.

R. Carson Fisk is a shareholder at Ford Nas-sen & Baldwin P.C. in Austin. The firm focus-es on the representation of construction in-dustry participants. He may be reached at 512-236-0009 or by e-mail at rcfisk@ford-nassen.com.

Page 8 Austin Construction News • Aug 2013

What’s next on your bucket list?

Equipped for successConstruction News ON LOCATION

L-R: Alan Marler, Kyle Whitten, Aaron Weeks and Abraham Santillansay hello from the United Rentals Marble Falls location. –ab

ASSOCIATED BUILDERSAND CONTRACTORS

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Kirk Folsom, operations manager, celebrated his 30th anniversary at Lone Star Materials with employ-

ees and local suppliers Jul. 22. Folsom started out at the company as a driver. Lori Drake, credit manager, says folks enjoyed cake and sandwiches from Schlotzsky’s at the party. “In addition, we gave Kirk a 30th an-niversary plaque,” Drake said. “Kirk’s catch motto, “All Day, Every Day” is on the plaque.” Lone Star Materials is a construction materials supplier selling to general and subcontractors. –ab

All day, every day

Kirk Folsom, operations manager and Bruce Bonnet,

general manager

The Lone Star Materials staff

I want to get into scuba diving again. I used to want to be a scuba diving instructor.

Richard Cordes, Fast & Fair Doors

Spend a long weekend in Fredericksburg, TX with my husband. We love taking day trips to different places in the Hill Country.

Kim Harsh, Pease Custom Floors

Go boating in the Texas Hill Country. I would really enjoy it!

Barbara Arnolds, Spicewood Metals

I hope to pass down my family’s legacy to the next generation. My daughter Chris-ty plans to continue on at the company. I would like to retire when I am 65.

Bob Stasswender, Stasswender’s Southwest Marble and Granite Works

I’d like to go back to Wyoming again be-fore my knees give out. I have been to Wyoming in the past on an elk-hunting trip. We hunted south of Jackson Hole. We rode horses up there. It’s rough out there, and you’ve got to be in shape. You’ve got to learn how to breathe when you get up there. It was tough, but it was invigorating. I can’t wait to go back!

Marvin Gattis,Triad Mechanical Services

I want to compete in an adventure race. I think Austin would be a great place to compete!

Megan Smith, Hardwood Design

Earn my bachelor’s degree in Electrical Engineering at Austin Community Col-lege! I hope to be working in the office instead of out in the heat.

Brent Barnett, Lightning Electrical

Go fishing at Lake Georgetown.Al Teinert III, Al Teinert Plumbing

Breed, train, raise and show dogs called American Bullies.

Chris Cardenas, Insco Distributing

Spend time in Belize.Roger Solomon,

Austin American Awning Co.

Go on vacation with my family.Jud Stringer,

Building Abatement Demolition Co.

Go surfing.Rudy Lopez, B & A Masonry

I ride motorcycles in the Hill Country and I ride out of state too. I have been on a trip to the mountains in Tennessee. I would love to go riding in Colorado one day.

Rick Davis, Davis Electric

Go deer hunting in South Dakota.Don Putzier,

Don Putzier Handyman Services

Go fishing in Port Aransas, TX.Robert Machado, Ponce Rebar

Spend time at a ranch west of Blanco, TX.Kirk Phelps, K & C Supply

I’d like to make furniture. I enjoy wood-working on the side.

Mark Krumnow, Murco Wall Products

Serve on community boards and com-missions.Mike Novak, San Marcos Air Conditioning

Grow a great tropical garden in my backyard.Mark Vanek,

Cornerstone Concrete Stain

Austin Construction News • Aug 2013 Page 9

BAFFIN BAY –– LAGUNA MADRE –– LAND CUTSPECKLED TROUT –– REDFISH –– FLOUNDER

FISHING AND HUNTING TRIPS

(361) 949-7359www.baffinbaycharters.com

steveschultzoutdoors@gmail.com

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

STEVE SCHULTZ OUTDOORS, LLC

Laguna Madrewater conditions

improveby Capt. Steve Schultz

Sponsored by:Premier Yamaha Boating Center, Majek Boats, E-Z Bel Construction, Power Pole Shallow Water Anchor, Aggregate Haul-

ers, Interstate Batteries, Pure Fishing, Mirr-O-Lure and Columbia Sportswear.

What a drastic change in water conditions since my last column. The stained brown water that

has plagued the Upper Laguna Madre since the beginning of spring is finally starting to clear out. I can’t say that it’s completely gone, but it sure has im-proved enough for us to see the sand pockets and grass lines that are key to the success of catching fish. I guess only time

will tell if the brown tide will stay gone for the remainder of the year. With that news, I can report that fish-ing has improved in the Upper Lagoon from the JFK Causeway to the mouth of Baffin Bay. Although the water clarity has improved, the salinity levels in our bay systems remain high. The lack of spring rains and increasing drought conditions is really starting to become apparent by the amount of salt on my boat and equip-ment each day. Fishing strategies will continue to be the same as the previous month. Both

speckled trout and redfish are being caught around grass flats with scattered sand pockets. Early morning feeds pro-duce your best bites in three to four-ft. water while mid-morning and afternoon bites coming off deeper drop-offs where water is a bit cooler. We will continue to work these areas free lining croakers and piggy perch through the end of the sum-mer. Later in the month we will keep a keen eye for schooling reds along the King Ranch shorelines making their way to the gulf. If winds get calm and your bite dies early, you may want to try fish-

Larry Roberts, San Antonio, caught this 35-inch redfish along the rocks of theKennedy shoreline using live croaker. Fish photoed and measured for a replicia

mount and released by Capt. Steve Schultz.

ing the Packery jetties or even the surf. Speaking of the surf: Surf fishing brings a new excitement to late summer charters that have had so-so trips in the bay systems. Trips are usually quick when conditions are right, and limits of trout are usually a common occurrence. He who cannot cope with the humiliation of being skunked should leave surf fishing to those battered salts that over the years have come to expect the good with the bad, the worst with the best. When fish-ing the surf, one must follow a few guide-lines. Surf fishing can be very dangerous especially when fishing from a boat if a few precautions are not taken. Trust not the weatherman, but your instincts. They will serve you well, espe-cially if you have a faithful beachfront in-formant who can look out of the window of his or her beach house, surf shop or pier concession and provide current low-down on water conditions. Weather can change suddenly with just a slight wind increase making it harder to maintain balance and footing in the boat. Along with the heat of summer months comes dehydration. Everyone should make sure to dress in light col-ored clothing, wear a hat or cap and drink plenty of fluids to keep you hydrated. Now booking dates for fall months. I can be reached by phone at (361) 813-3716 or by e-mail at SteveSchultzOut-doors@gmail.com. Also please visit my website at www.steveschultzoutdoors.com for more info and photos. Good luck and good fishing.

Lisa Word, operations manager at HD Supply Waterworks, says her 6-year-old nephew, Hudson Lacy, had a great time fishing at Lake LBJ over the Jul. 4th weekend. –ab

First fish!Submitted to Construction News

Page 10 Austin Construction News • Aug 2013

Ken Milam’s Fishing LineSponsored by Tropical Marine and Honda Marine

My name is Ken Milam and, for the past 26 years, I have been guiding fishing trips for striped bass onLake Buchanan in the Texas Hill Country. Over the years, I’ve had the opportunity of getting to know

a good many folks in the construction trade.

The last couple of years here on Lake Buchanan, we have often been do-ing a lot of fishing and some catch-

ing, but this year is completely different. Knock on wood, ‘cos I don’t want to jinx it, but this year is turning out to be more of a fish catching year than we have seen in quite a while.

Texas Parks and Wildlife always does a good job of stocking Buchanan with stripers. We did have a couple of years where we had to share our normal num-ber of fingerlings with some of the other lakes that needed help re-establishing their striper population after being hit by golden algae. That decrease in stocking and the drought roller coaster did hurt our fishing. Anglers and businesses on Buchanan saw the problem and set about a solution.

The Lake Buchanan Conservation Corp. was established with the mission to do anything possible to restore and maintain the lake as a premier fishery. Money was raised and TPWD granted permission for stocking of hybrid stripers in Lake Buchanan.

Now we are several years down the line. The hybrid stocking program has successfully provided us fishermen with large numbers of feisty, hungry fish that are now big enough to keep. As hoped, the white bass parentage in the hybrid stripers does seem to make them more

tolerant of the warm summer time lake water and less skittish about the atmo-spheric pressure changes that can turn stripers off cold.

Lake Buchanan Conservation Corp. has worked to add good brush piles to the lake for crappie habitat and worked to help educate folks on the ways to tell the difference between white bass, strip-ers and hybrids, so they can more easily avoid fines for limit violations. Even in the drought, they are working to take ad-vantage of low water levels to build and improve launching ramps for better pub-lic access to the lake.

So far this year we have had much improved fishing, limiting out the major-ity of our charter fishing trips. In spite of the falling lake level and rising tempera-tures, we continue to see good stringers of stripers as well as hybrids. The catfish have been feeding good on the plentiful grasshoppers that are flying this year too, making chasing blue cats just that much more fun. You should see some of those big old blues just cruising right below the surface slurping up grasshoppers! We even had one striper trip that caught a nine-lb. largemouth in the frenzy.

Unusual circumstances on the water can yield some crazy good fishing, and we are happy to be in the middle of it and be able to see so many families coming out to join in the fun. This is certainly the kind of fishing you want the kids to get in on, so they can develop a life-long love of fishing. I’m happy to report that the next generation of anglers is coming on strong!

Tight lines, ya’ll!

Weather’s hot and the fishing

is too!

Fish stocking by Lake Buchanan Conservation Corp.

Ragsdill-McLemore, Magnum Custom Trailers bunch, showing kids fishing

Hidalgo showing a 9lb. bass

Austin Construction News • Aug 2013 Page 11

Bass masterSubmitted to Construction News

Marco Pereira, Pacific Shore Stones, caught a bass at a fishing tournament

in Lake Fork, TX in May. –ab

L-R: Roy Waldrop, A. J. Waldrop and Rick Waldrop, RJR Controls, Treeline Construction and Hang Em High Feeders, went fishing this summer out of Goose Island State Park

with fishing guide Bobby Ward. Not shown is Stewart Polvado, Polvado Engineering Services LLC, because he didn’t land a “Keeper Red” so he took the picture. –ab

Ready for RockportSubmitted to Construction News

Cedar Park Overhead Doors has been in business in the Austin area for

more than 30 years. “I have owned and operated the company since 2004,” said Owner Don Grenier. “My "in-laws" and relatives play key roles at the company.” In their spare time, Grenier says he and his wife are involved with the Texas

Don Grenier and a rescue dog

The Cedar Park Overhead Doors staff and a rescue puppy

Man’s best friends

Humane Heroes organization. “My wife and I have two rescue dogs,” Grenier said. “When we aren’t at the office or in the field, we are very ac-tive in the local animal rescue communi-ty.” Cedar Park Overhead Doors installs and services garage doors. –ab

Last summer Brianne Thoen, South Texas Construction News ed-itor, took a trip to the Pacific Northwest. As a non-native Texan, she desperately needed some respite from the heat, and Oregon seemed like the most logical choice. Part of her brief sojourn was spent in the Port of Astoria where these sea lions laze about the piers. They seemed to be enjoy-ing to cool weather almost as much as she did. – bt

Lion aroundSubmitted to Construction News

Page 12 Austin Construction News • Aug 2013

Prices subject to change without prior notice. Manufacturer incentives, rebates and terms are accurate as of time of print and subject to change without notice.Call our Commercial Sales Department for appointment. GMC at Bastrop, TX locations only. Art for illustration purposes only. *W.A.C. in lieu of rebates. Vehicle must be purchased at

Covert Chevrolet in Bastrop, TX. Offers good only to original owner. Call for details (512) 303-2311 or (800) 937-7076.

For current incentives, inventoryand pricing, visit us at:

www.CovertBastrop.com

Austin Construction News • Aug 2013 Page 13

Rising star in Region 7

On Oct. 1, Jennifer Swinney, CFO for ESC Consultants in San Antonio, will take up an office that came to her at

just the right time. The National Association of Women in Construction (NAWIC) voted her Region 7 director-elect, a position she will serve in for the next two years. “It’s really exciting,” says Swinney. “I’m really honored.” Swinney ran for the same office two years ago, but she was opposed at the time and the other candidate won. Know-ing now what she didn’t know then, Swinney believes this road came full cir-cle at the opportune time. “Everything over the past two years of my life completely changed,” she re-calls. “I was able to build a house, I went back to school and got my degree, and all of these wonderful huge things. I was promoted here at my company. All things that wouldn’t have happened had I been elected, because I would have been de-voting so much time to that instead.” She notes that she was on the fence

about running this time around, but she received a lot of encouragement from her fellow NAWIC members. She simply told them that God would give her a sign if she was supposed to do it or not. At the annual planning conference in October, Swinney was overwhelmed by a touching display of support when NAWIC members began chanting her name while discussing candidates. This time, she ran unopposed. “It was unbelievably humbling, and of course, I was in tears,” she says. “I just stood up and said, ‘Alright, I’ll run.’ And I got a huge standing ovation.” Region 7 consists of seven different chapters in Texas and one in Oklahoma, and Swinney sees this as an opportunity to bring those chapters together as one united team. “My goal as director is to try to travel to the different chapters frequently, go to their meetings and attend their events, and then I want to try to work on unifying everybody,” says Swinney. –mp

L-R: Jennifer Swinney with Sandy Field, current NAWIC national vice presidentand incoming national president-elect

Lewis Contractors Inc. was estab-lished in 1972 as a partnership be-tween Ronnie Lewis and his cousin,

Nelson Lewis. “Ronnie Lewis was exposed to the construction industry as a young man,” said Carrie Lewis, contract administra-tor. “While growing up, he learned the trade by working for his father who owned Cecil Lewis Trucking Company. “Ronnie learned to operate heavy equipment during his teenage years and became familiar with many different as-pects of the construction business.” Lewis says Ronnie and his wife, Mad-eline, became the sole owners of the company and incorporated the business in 1977. “We have operated as an under-ground utility and sitework construction business in the Austin area since that

Continuing to strive

time,” Lewis said. “In the past few years we have grown into a diameter municipal water line company.” According to Lewis, Lewis Contrac-tors has completed projects ranging from subdivisions to large diameter wa-ter, sewer line projects and civil construc-tion projects. “Over the years, we have grown from about 20 employees in 1977 to more than 150 today,” she said. “Many of those key employees who first started in the begin-ning are still working with us today.” Lewis says the company is staying busy in 2013 and has completed jobs in Austin as well as Dallas, Laredo and Oklahoma. “Hobbies employees enjoy on the side are hunting and fishing,” she said. “Several of the guys like to go fishing at Lake LBJ and Inks Lake in Marble Falls, TX.” –ab

L-R: (Back) Jason Lewis, Justin Lewis, Carrie Lewis, Matt Lewis, Chris Chapman,Katherine Lewis and Brad Medlin and L-R: (Front) Leoncio Balderas and Mike Lewis

Page 14 Austin Construction News • Aug 2013

1405 E. Riverside DriveAustin, TX 78741

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Specializing in Surety and Insurance programs for all facets of the Construction Industry

John Schuler • Tom MulanaxSteve Smith • Travis Kelley

Walter Benson • Tom Brewka

Moore upgrades

Moore Supply Co. held a Counter Day event at the Industrial Blvd. location Jul. 12. Local plumbing

contractor customers attended the event. “We plan to have a Counter Day event as at least four or five more times this summer,” said Ryan Reyes, inside salesman. “The highlights from the event were new product demonstrations and a prize giveaways. Customers stopped by the store for fajitas and soft drinks.”

L-R: Ryan Reyes, Griffin Christians and Jim Doggett

The upgraded showroom

Reyes says the company recently up-graded the showroom with new paint, shelving and a coffee bar. “We rearranged everything inside so customers can find what they need more easily,” he said. Reyes says folks at the company en-joy spending time with family, playing music, hunting and fishing when they aren’t at work. Moore Supply is a distributor of plumb-ing products as well as pipe valves and fit-tings. –ab

Gabriel Moreno assists his father, Gabriel, owner ofLonghorn Custom Cabinetry, in the shop after school.

He also plays baseball at Austin High School. –ab

Father’s helperConstruction News ON LOCATION

Have you appeared in Construction News? Call or Email us!

There is no charge for stories or photos.

austineditor@ConstructionNews.net210-308-5800 Home Office

Pump it upConstruction News ON LOCATION

L-R: Homer Thorton and Jim Brownson start their day at Smith Pump Co. Inc. The company specializes in pumps and pumping systems. –ab

Austin Construction News • Aug 2013 Page 15

Service ProvidersCan he? Will he?

Larry Williams, PresidentMEMCO, Inc.Houston, TX

With the construction economy on the uptick in most Texas markets, contractors are once again in a hir-

ing mode. As you begin to man up, this timely article may help in the pursuit of selecting the right employees.

(Author’s note: the masculine gender pronoun “he” is used throughout for clarity and illustration purposes only, and is not intended to represent gender bias.) Most construction hiring personnel would rather take a beating than go through the interview part of the hiring process. Perhaps if the hiring person had an easy way to find out what he really needs to learn from an interview, it would go down a little easier. To be consistently successful in eval-uating new hires, the interviewer must be able to answer two questions by the conclusion of the interview:• CAN the applicant do the job?• WILL the applicant do the job?

Hiring for skills alone is most often a losing proposition. Because the “will he” component tells us about the character of the person and will more often deter-mine the success of the new hire, regard-less of his skill set.

A good method to help you answer both questions is the KASH system. Rat-ing an applicant in four areas:

• Knowledge• Attitude• Skills• Habits

Assessing an applicant’s knowledge and skills will help answer the “can he” question. Assessing him on his attitude and habits is much more difficult but will help answer the all-important “will he” question. For starters, the interview process should include an oral or written test to determine how much the applicant knows about the various aspects of the job for which he is being considered. In the case of craft personnel, for instance, does he know how to add or subtract whole numbers and fractions? Can he read a tape measure? In a trade like dry-

wall, you would want to determine if he knows the proper spacing of studs or screws, or the standard sizes of track, stud and drywall and their uses. All of this measures the knowledge possessed by the applicant. Skills assessment is used to deter-mine competency in performing certain functions. But the hiring person must be convinced that the applicant possesses the skills to use that knowledge. Whatever position you are trying to fill, have the person demonstrate that he indeed has those skills. Use whatever means at your dispos-al, you must be able to determine if the applicant can, in fact, do the job for which you’re trying to fill. If he cannot do the job, you must evaluate whether he has the potential to acquire the knowledge and skills neces-sary to the job, given time and training. In many cases most hiring decisions do not explore this option – in many cases, the applicant is just deemed not to be what we are looking for because he is not ready for the job “as is.” If the answer to the above questions is yes, or yes, with time and training, then you must now answer the second and most critical question. Will he DO the job?

Applicant’s attitude: How does he describe his past jobs,

past employers and past supervisors? Are his comments positive or negative about them? Does he credit others for his suc-cess or blame someone else for a lack of it? How is his overall disposition?? Is he a sour puss or does he make a lot of posi-tive comments and/or smile when he speaks? Is he cocky, arrogant, or hum-ble?? Has he ever left a prior employer in-voluntarily? Why? What were the circum-stances?

Applicant’s habits:

Look at his employment history – have him discuss his past 3-5 years of em-ployment. Did he complete the application pa-perwork or try to “blow off” parts of it. Does he monopolize the interview and oversell himself? Can he convince you he is depend-able, reliable and can maintain good at-tendance?? Can he convince you that he takes direction well, likes to stay busy and has a good work ethic? When making your hiring decision, keep in mind that a person’s knowledge and skills can usually be enhanced, but his character is usually cast in stone. That’s why when I’m hiring, the an-swer to the “will he” question always trumps the “can he.” –bd

The many lives of metal

David Vexler, ManagerMonterrey Iron & Metal (MIM)San Antonio, TX

What is the most common misconception about the metal materials that MIM recycles or the services that MIM provides?

Although recycling seems to be the cause du jour, it has been around for quite some time. As my Grandfather likes to point out, it is referenced in the Bible. As it says in the good book, “They will beat their swords into plowshares and their spears into pruning hooks.” Couldn’t have said it better myself. The most common misconception is that today’s metal recycler is somehow similar to the old junkyard of “Sanford and Son” fame. Today’s modern recycling plant consists of high-tech preparation and sorting equipment, much of which is computerized. In addition, excavators, loaders, forklifts, trucks, etc., are part of the mix; not unlike what you would find at a large construction outfit. Another misconception would be that recycling “junk” is not worth the time or money. Any company that watch-es its bottom line closely understands that in this economy every dollar counts. Recycling metals is a good way to put money back into the coffers. It might not be the windfall that one would hope for, but it definitely adds up. It is also a good way to save money on waste disposal and hauling fees. I also think that because most recy-cling yards are out of sight, they are out of mind for most people. The industry has been steadily growing and plays a key role in the American economy. As of 2011, the recycling industry employed nearly 140,000 people and was a $100-bil-lion industry. In 2011, 74 million pounds of steel were recycled in the U.S. alone. That is 163 BILLION pounds!What would you like us to know about how the recycling process works? First of all, we would like the members

of the construction and demolition indus-try to know how thankful we are for their business. We have maintained good rela-tionships with several construction com-panies for decades and look forward to building more bridges within the industry. The recycling process itself is pretty straightforward. Materials are weighed, graded, sorted, processed, and then shipped off to their final destination, a steel mill or foundry. Materials being pro-cessed are either baled, sheared, or shred-ded. We have one of the largest guillotine shears in the country and it is capable of cutting through five stacked railroad wheels at once. Our new shredder is a beast that can turn a car into baseball-size pieces of metal in under a minute. For the extremely thick metals, our veteran team of torchmen will cut down the piece bit by bit. There really isn’t a piece of material that we cannot process. The vast majority of our material is sold right here in the U.S. for recycling. This means jobs, a healthier economy, and less expensive new materials for those of you in construction (hopefully). What do you find most interesting about the end uses for these recycled products? I think that the most interesting part is the amount of energy that is saved by recycling scrap versus mining raw ore. By recycling an aluminum can, we are sav-

ing 92 percent of the energy necessary to make one from scratch. For copper, this number is 90 percent. I have also heard that the average piece of steel has been through the recycling process three times. By recycling one ton of steel, we are able to save 2,500lbs of iron ore, 1,400lbs of coal, and 120lbs of limestone. Recycling metals is an easy way to con-serve resources, keep our air clean, and reduce the cost of material, all while mak-ing money off it.What are the key contributions MIM’s service provides to the construction industry and the community in gener-al by recycling these materials? There are several ways in which MIM contributes to the industry and commu-nity. The first, I would say, is the impor-tance of selling to a responsible recycler. Both the construction and recycling in-dustry deal with several safety issues and we all want our employees and jobsites to remain safe. We go to great lengths to pro-vide latest training and techniques for en-vironmental and employee safety. On the environmental side, we try our hardest to remain ahead of minimum standards and employ an environmental consultant that oversees our operation on a regular basis. Our record for both environmental and employee incidents is very good due to the steps we have taken as a team. We recently worked closely with the City of San Antonio and other local recy-cling yards to write up new regulations for the industry focused on reducing metals theft. I’m sure that many of your readers have experienced metals theft and we want it to be clear that we don’t want to buy stolen materials as much as you don’t want materials stolen from you. Local yards have taken great steps to hamper metal thefts. All non-ferrous sales require a drivers license, thumbprint, make/mod-el/license plate of vehicle, pictures of the

seller and the material, and a signature. This info is cross-referenced with the DPS database of known metal thieves and stored for future reference. These steps have deterred metal theft in the city and have made both of our industries safer. We will be celebrating our 100th year as a scrap metal recycler in 2016 and I feel that it is our service that has allowed us to stay in business for so long. Over four gen-erations of the Vexler family, we have made honesty and reliability the cornerstones of our operation. We offer prompt container service and honest weights, both keys to customer service. We also keep ourselves as up to date as possible with market fluc-tuations in order to pay the fairest price possible. When my Grandfather, now 99 years old, was honored with the Lifetime Achievement Award from Commercial Metals in Seguin, the award had a quote emblazoned upon it. It read, “A fair deal is one in which both parties walk away hap-py.” We strive to live up to this every day. What is an issue MIM has come across recently and how did you resolve it? The main issue has definitely been government regulation. Regulations are strengthening in almost every aspect of buying, processing, and selling. Due to the fact most people are uninformed about our industry, many of the proposed regulations made little sense and could have, in fact, shut down the vast majority of scrap yards. The industry as a whole, with our national trade group ISRI, made it our mission to educate the public and our political officials of the service we pro-vide to industries and communities across the nation. Working hand-in-hand with these officials, we have been able to come to agreement on several bills that benefit both parties. Even so, stricter regulations are always being proposed and we try our hardest to remain informed of these and comply before any problems arise. –mp

Page 16 Austin Construction News • Aug 2013

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Making connections

Greg ‘Tex’ Leggio, PresidentThe Networker.BizHouston, TX

What is your perspective about the state of the construction indus-

try in 2013? I think we are in great shape! I recent-ly had dinner with State Senator Randy Webber and he stated that there are ap-proximately 1000 people moving to Tex-as on a daily basis. We are starting to get so much work that we are concerned about manpower. Companies are starting to spend more money and contractual agreements are prevalent. We need to take a hard look at our infrastructure and make sure we are look-ing at it as a short and long-term prob-lem as it relates to our future demograph-ics more. Our economy in Houston, even though it’s slower than years past, we are still doing better than most. The state of Texas is num-ber two in the nation related to growth. I think we will continue to see our growth increase over the next ten years.What sparked your interest to start TheNetworker.Biz? A friend of mine and I were talking

about the networking events we had planned to attend one week. I wasn't aware of the trade show he was attending and he didn't know of the golf tournament I was attending. I needed to attend the trade show and he had clients he needed to see that would be at the golf tourna-ment. I also realized that this was not the first time this had occurred. I decided to create a website where sales, busi-ness development, marketing and other people in the construction industry could find all the mixers, fund raisers, fishing tournaments, luncheons, barbecue cook offs, clay shoots, trade shows, golf tour-naments, etc. I became frustrated on the events that I was missing out on and needed to be at. I knew I wasn't the only one who was missing out on the op-portunity to grow my client base. We are in the people business, some of us sell products and some sell services but we all have to meet those people who need our services.

Why do you enjoy what you do today? I enjoy helping people and I feel TheNetworker.biz does just that. I also feel that this calendar helps our industry be more organized and have kinship. It is truly something I do because I want to put back in to our industry and invest in our industry’s future.What advice would you give a young person who wants to do what you do? I would tell them to get in front of the people you want to do business with. People seem to do business with people they know. When you have a social event, eat lunch or play golf with them, you strengthen that relationship and as long as you’re honest and providing the best service possible you will have more op-portunities for repeated success. I truly think our industry is a relationship friend-ly industry. You can't fake passion; if you’re pas-sionate about what you do people recog-nize that and want to be a part of your success. I will quote Dave Ramsey, “find something you love to do and you'll nev-er work another day."In your opinion, what are the keys to success in your industry? Relationships with our customers, we need to know them and understand their needs. Another is what I like to

call “moldy cheese,” avoiding confronta-tion. If you know you have an issue, you need to fix it so it doesn’t grow. Lastly is integrity, your clients need to trust you and your comments. When these criteria for success are all used, typ-ically a strong relationship will take hold.What is on the horizon for your industry? A skilled worker shortage is becom-ing a bigger issue every day. We need to work with the high schools to help the next generation of kids know their options after graduation. Some have the opportunity to at-tend college, but those who don't, can make a good living being an electri-cian, welder, crane operator, driving a truck, tug boat or whatever, by attending trade schools. Our industry needs workers building our country. We can't all be engineers, doctors and lawyers. I think in the next 10 years, our industry will keep getting bet-ter. We need more housing, hospi-tals, schools, churches, and refineries. TheNetworker.Biz provides a calen-dar of networking events for the entire con-struction industry. The commercial, indus-trial, gas/oil companies use the networking calendar to help find, plan and schedule an event for their geographical area in the Tex-as Gulf Coast area and Louisiana. –ab

Austin Construction News • Aug 2013 Page 17

Round-Up

This is a monthly section for brief company announcements of new orrecently promoted personnel, free of charge, as space allows.

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

for the next month’s issue (published 1st of each month).Email info to appropriate city issue, with “Round-Up” in the subject line:––––––––––––––––––––––––––––––––––––––––––––––––––––––––

San Antonio: saeditor@constructionnews.net Austin: austineditor@constructionnews.net Dallas/Ft. Worth: dfweditor@constructionnews.net Houston: houstoneditor@constructionnews.net South Texas: STeditor@constructionnews.net

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The Texas Association of Builders (TAB) held the Sunbelt Builders Show Jun. 24-25 at the JW Marriott

San Antonio Hill Country Resort. –mp

Stars shine over the Sunbelt

2013 Star Awards Grand Award Winners

Custom Builder of the YearLaughlin Homes & Restoration Inc. (Fred-ericksburg, TX)

Remodeler of the YearAllegro Builders (Houston)

Low Volume Builder of the YearCenterra Homes (Austin)

Mid Volume Builder of the YearScott Felder Homes LLC (Austin)

High Volume Builder of the YearToll Brothers Inc. (Dallas)

Presenter Beverly Koehn took the stage at the Star Awards at the Sunbelt Builders Show.

Susan Wright, co-chair of the Sunbelt Builders Show, presents Richard Laughlin

with the Custom Builder of the Year Award.

Opening speaker J.R. Martinez is an actor/writer and spokesperson for Operation FINALLY HOME. He was severely injured

while deployed in Iraq and went through 34 months of surgeries and skin grafts while

recovering.

Mark Chadroff, a 14-year construc-tion industry veter-an, has joined the Hill & Wilkinson Austin office as project manager. He will be responsi-ble for estimating and managing spe-cial projects in the Central Texas region. Chadroff’s track record includes health-care, institutional, commercial and mis-sion critical projects. Prior to joining the firm, he held management positions with KST/Rosendin Electric and The Beck Group. A graduate of California Polytech-nic State University with a B.S. degree in construction management, Chadroff is a LEED Accredited Professional with a spe-cialty in Building Design & Construction.

Pape-Dawson Engineers Inc. has hired Kirk E. Lowe, PE, CFM, as project man-ager and Mike Fisher, PE, as senior proj-ect manager.Lowe will serve as resource in the de-sign of transporta-tion projects for the Austin, San Antonio, Houston and Fort Worth offices. He has 10 years of ex-perience in the de-velopment of plans for roadways, hike and bike trails, water and wastewater fa-cilities and land development projects involving drainage design, utility coordi-nation, permitting and construction management. Fisher will serve as a senior project man-ager for the design and construction of private residential projects. With expe-rience working with Municipal Utility Dis-tricts (MUDs) and the Texas Commission on Environmental Quality (TCEQ), Fisher will serve as a re-source for clients in Austin, San Antonio, Houston and Fort Worth. He has more than 18 years of experience in civil engi-neering and project management.

Raba Kistner Con-sultants Inc. has hired Manual (Manny) Duarte, PE, as a construc-tion materials proj-ect engineer for the Austin regional of-fice. His responsi-bilities include per-forming geotechnical, facilities and ma-terials engineering investigations and foundation design. Duarte has more than 18 years of applicable construction materials testing experience. Duarte re-ceived his B.S. in Aerospace Engineering from the University of Austin.

“In collaboration with the power company, a series of line drops (burying the overhead utilities) as well as rerout-ing service was planned out to allow for safe construction. In addition to coordi-nating with the power companies, the other logistic challenges that were ad-dressed included: material deliveries that required off-site storage, just-in-time de-liveries and stocking after hours; pedes-trian protection that required placing temporary sidewalks and building safety tunnels and lack of space for jobsite of-fice that required leasing space from a nearby office building. “During final excavations, a signifi-cant amount of ground water was ob-served which not only required founda-tion piers to be cased, but in some loca-tions, double casements were used to control sloughing. “More significantly, the sump and discharge systems had to be greatly en-hanced to accommodate the volume of water that was encountered. “The elevator shaft walls were de-signed to provide shear support to the structure and built of cast-in-place con-crete. During the shop drawing process it became apparent that there was not enough room to block out the concrete forms and place elevator fronts later dur-ing finish out, as originally planned, but rather required the fronts to be embed-ded in concrete formwork. “To better control elevator equip-ment tolerances and protect finishes it was determined that the cast-in-place shaft walls with embedded elevator fronts should be placed after (rather than with) the elevated structure. This effort required the elevator fronts to be expe-dited and concrete work to be prolonged causing a change to workflow of all suc-cessor activities.

“Albeit small in size, this project uti-lizes state-of-the-art services, such as BIM, sustainability, commissioning and technology to transform an urban lot riddled with overgrown brush and trash into a place of business that the commu-nity will benefit from.” Given the location of the new bank building and the commitment to sustain-ability, the owner, architect and engineer worked together to achieve both an aes-thetic quality and functionality of the new structure, he said. “The building needed to fit into an urban location near an existing neighbor-hood and act as a transition between the commerce of Lamar Street to the east and the established residential areas to the west,” he said. “The building also sought to create a working environment that was pleasing and comfortable with daylight, views, openness and transparency. “This transparency alludes to the "openness" of the bank’s culture and the relationship the bank wanted with its customers. The aesthetics needed to pro-vide the "feel" of Austin's unique nature and casualness but still express elegance and professionalism ideal for a bank / of-fice function. “The ‘green’ building, sustainable as-pects included native landscaping and water harvesting on the exterior, and, on the interior, materials chosen for their beauty, durability and sustainability.” Hill & Wilkinson has locations in Austin, Dallas and Tyler, TX. The company has four divisions: Commercial, Healthcare, Institu-tional and Manufacturing. It is a full-service construction firm. Founded in 1968 by Luther Hill, Greg Wilkinson and Fritz McKinstry pur-chased the company as partners in 1985. The company is now owned by approximately 20 key employees, and is led by Paul Driscoll, CEO and Doug Talley, president. –ab

continued from Page 1 — Bank on it

The lobby

“Mary and I used to go to all the baseball games,” he said. “This year we have been about 10 times. We usually go on Monday, Tuesday or Wednesday nights because there isn’t a crowd. “My wife and I also like playing golf at Georgetown Country Club. I haven’t played golf since I got cancer three years ago, but I am going to start playing again

continued from Page 1 —Smooth as glass

in late July. “My doctor said I wouldn’t be able to play golf for three years. I had my three-year exam in July and I am still cured of cancer. I look forward to playing more golf!” Travis Glass is a commercial and resi-dential glass company. –ab

“We have had a project in Hawaii too,” she said. “Everyone wanted to make a jobsite visit for that one!” Sass says the company is an AISC certified fabricator and has added the SP-1 (So-phisticated paint endorsement) to their AISC certification. Cody Builders Supply specializes in the production of custom fabricated metals for the public works industry. –ab

continued from Page 1 —Metal masters

Page 18 Austin Construction News • Aug 2013

Association CalendarContent submitted by Associations to Construction News

ABC Central TexasAssociated Builders & Contractors

Aug. 6: OSHA 30 EnglishAug. 8: Safety meetingAug. 13: OSHA 30 English & Top Golf Networking EventAug. 16: CPR & First Aid TrainingAug. 23: Fall Clay ShootAug. 26: Workforce Board meetingFor more info call 512-719-5263

ACCAAir Conditioning Contractors of Amer.

Aug. 6: General Membership meeting, 5:30pm, Texas Land & CattleFor more info call 512-650-5355

AGCAssociated General Contractors

Aug. 1-2: OSHA 10/30 Hour ClassAug. 8-9: OSHA 10/30 Hour ClassAug. 13: TEEX PRT 105 H2S RefresherAug. 14-16: TEEX PRT 106 H2S Instr. De-velopmentAug. 15-16: OSHA 10/30 Hour ClassAug. 20-21: Ergonomics (TEEX OSHA 225)Aug. 22: Intro to Combustible Dust Haz-ards (TEEX)Aug. 23: Roadway FlaggerAug. 30: Confirmed Space Competent PersonFor more info call 512-442-7887

IECIndependent Electrical Contractors

Aug. 6: Apprentice Committee meetingAug. 14: Board of Directors meetingAug. 16: Annual Meet & GreetAug. 26-29: Apprentice Interviews and OrientationFor more info call 512-832-1333

NAWICNat’l Assn. of Women in Construction

Aug. 1: Chapter meeting - President’s Choice, 5:30pmAug. 16: Monthly Luncheon, 11:30amAug. 29: Board meeting, 11:30am, AGC officeFor more info: www.austinnawic.org

USGBCU.S. Green Building Council

Aug. 1: Subcontractor Success in Sustain-ability – Bid Better, Build Better, RepeatAug. 3: Discounted LEED Green Associ-ate Exam Prep Course at ACC – August SessionAug. 5: Green Schools Challenge Mentor Training Workshop – San Antonio, TXAug. 14: Monthly Chapter meeting in Austin – Integrated Modular Design and Construction for Sustainable BuildingsFor more info: www.usgbc-centraltexas.org

The Associated Builders and Contractors (ABC) recently met with the Texas Delegation and presented Senator John Cornyn an Eagle award for 100 percent

voting record with ABC on legislative matters. –ab

Capitol visitSubmitted to Construction News

Start ‘em upConstruction News ON LOCATION

The Texas Alternator Starter Service team smiles for the camera.Established in 1974, the company is a supplier of alternators, generators, starters,

hydraulic pump motors and lift-gate motors. –ab

At your serviceConstruction News ON LOCATION

L-R: Phillip Reyes, Wayne Orender III and Vance Wells get equipment ready for customers at Ditch Witch of Central Texas. –ab

Back to basicsConstruction News ON LOCATION

Nick Uzer says he started Cool Atmosphere Heating & Air with his wife, Christy, in 2012. He says he enjoys working as a husband and wife team. –ab

Reaching a milestoneConstruction News ON LOCATION

Richard Danek celebrates his 35th year anniversary with Anchor Ventana this year. Established in 1977, the company provides commercial

and residential glass products and services. –ab

Austin Construction News • Aug 2013 Page 19

A groundbreaking ceremony for the new Bastrop County Community Health Center for Lone Star Circle of Care took place Jun. 25. The team of O’Connell

Robertson and American Constructors Inc. will design and build the clinic. –ab

Health is wealthSubmitted to Construction News

Westbrook Metals celebrated Jul. 4 early with their Customer Ap-preciation Day Jul. 3. More than

100 customers and friends enjoyed food and drinks in addition to seeing some lo-cal marvels. Bobby Breaux’s Pistol Smoker was in action and Rafik Kaissi, RK Concepts, showcased concept motorcycles. Terry Westbrook, owner of Westbrook Metals, exhibited both his restored 1964 Cor-vette and the 1940 International West-brook hot rod. “It was great to have the chance to spend a little time with our customers and get caught up on their projects,” said Austin Branch Manager Darin McCarthy, Westbrook Metals. “After having a bit of lunch, a number of guests toured the warehouse.” Westbrook Metals and two of its welding supply merchandisers offered

L-R: The Westbrook Metals sales staff: Tony Donato, Darin McCarthy, Jerry Steele, Rick Cardenas and Edie Hopper

One of the concept motorcycles by Rafik Kaissi, RK Concepts. This model features a center engine section that pivots on ball bearings.

Darin McCarthy rustles hot dogs.

It’s a picnic!

prizes for the drawing held at the end of the event. The Westbrook Metals Austin branch was founded in 1955. The company provides vari-ous forms of steel, aluminum, stainless steel, brass, copper, wrought iron, architectural prod-ucts, metal coatings and welding supplies. –ab

L-R: Lesley Morris, Michell Baeza and MaryAnn McKenzie, work in the show-room at Architectural Granite & Marble Inc. in Spicewood, TX. The company

imports granite, marble, tile and soapstone. –ab

Tiles and smilesConstruction News ON LOCATION

L-R: Owner Deric Spindler and Celestina Hernandez have a great morning at T. Laney Spindler Construction. –ab

Starting the dayConstruction News ON LOCATION

L-R: Sales Executive Mhari Fleischman, Alpha Granite & Tile;, a guest;Tracy Rodriguez, Alpha Granite & Tile; and a guest enjoyed the evening

at the recent Cosentino Center grand opening. –ab

Social hourSubmitted to Construction News

Equipped for surveyingConstruction News ON LOCATION

Vickie Albrecht, survey repair manager; Donnie Steele, ownerand Neal Hagood, survey repair technician, have a great day

at G4 Spatial Technologies in Austin, TX. –ab

Page 20 Austin Construction News • Aug 2013

True iconsSubmitted to Construction News

President Chuck Paxton and the ICON Plumbing, Heating & Air Ltd. staff gather for a photo at the office. The company is a mechanical contractor. –ab

Kicking off the Jul. 4 weekend, Ja-mail & Smith Construction LP held a barbecue event Jul. 3.

Approximately 50 people attended the party throughout the afternoon. Aus-tin Regional Manager Andy Hood, bar-becued tasty brisket for 16 hours. Ashley Goode, marketing coordina-tor, says the event gave the company an opportunity to share a meal and cele-brate the holiday with their subcontrac-tors. Jamail & Smith Construction provides job order contracting, senior living and commercial and retail construction servic-es. –ab

Red, white and blue

Austin Regional Manager Andy Hood, Jamail & Smith Construction, at the barbecue pit

Executive Vice President Greg Smith, Jamail & Smith Construction and Chad Lindeman,

S&D Commercial Services

L-R: Liz Lambert and Miriam DeLeon,Jamail & Smith Construction

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