June - Construction News

Covering the Industry’s News
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CONSTRUCTION
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Volume 2
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Number 6
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JUNE 2014
35 years of fun in the sun
Passed the test of time
Frontier’s Corpus Christi team includes, front row, L-R: Ivy Young, CEO; Ken Gold, RPLS, VP,
head of surveying; and Rod Reese, RPLS, project manager; middle row, L-R: Jason Athey, CAD
technician; Lorrie Cantu, CAD technician; Marcos Trillos, lead CAD technician; and Canada
Bass, CAD technician; and back row, L-R: Rene Garcia, GIS specialist;
Chuck Anderson, business manager; and Danny Dorman, field coordinator.
Testengeer’s design group took a pause in their busy day for a photo.
F
rontier Surveying, established in
Corpus Christi in 1979 by Dale
Moore, is celebrating 35 years in
business this year. Now led by Ivy Young,
president, who succeeded Moore in the
mid 1990s, the team has risen to new levels of growth and success. The company
has grown to multiple offices in Corpus
Christi and Fort Worth, with plans to expand to Midland and services all of Texas
with more than 14,000 jobs completed
since 2000.
But surveying is not about quantity,
it is about quality work and satisfied clients, Young says
As part of that, the company sup-
ports training and education in the surveying and mapping field.
“We sponsor and participate in Texas
Society of Professional Surveyors (TSPS)
golf tournaments, clay shoots, and educational seminars at the annual convention,” Young said. “We support local industry educational and charitable events.
“Since we are in a technical field of
the business, we spend much time and
effort on training and development.”
Frontier sent six employees to the
TSPS Locating Original Corners Seminar,
where employees spent three days in the
field retracing the footsteps of early Texas
continued on Page 14
F
rom a collaboration of three people
in the early 1970s, Testengeer, Inc.
is now celebrating 35 years in the
industry with roughly 270 employees.
The Port Lavaca-based, full-service
engineering firm has been honored with
numerous peer awards through the
years, says CEO and President Shane
Dworaczyk.
“About 50 percent of our business is
going into old facilities and migrating
them over to a new DCS (Distributed
Control System),” Dworaczyk says.
In 2013, Testengeer Inc. was ranked
30th of the fastest-growing architecture,
engineering, planning and environmental consulting firms in the U.S. and Canada by The Zweig Letter, one of the indus-
try’s premier newsletters. Also in 2013,
the firm was ranked 16th of the world’s
top 100 System Integrator Giants by Control Engineering magazine. So far in 2014,
Testengeer has been ranked as one of
the Top 500 Design Firms, according to
Engineering News-Record Magazine (ENR).
Dworaczyk describes the employeeowned Testengeer Inc. as ”everything
but surveying.”
But it’s definitely not all about work
at this company, which now has offices in
Port Lavaca, Corpus Christi, Houston and
Freeport.
In fact, they have their own in-house
recreation group called TERA (Testengeer
continued on Page 14
On time, on budget
W
ith churches, radio stations,
medical centers and numerous
federal projects already under
its belt, Granchelli Construction LLC
was more than ready to take on a challenging new project in the Valley for
Payne Auto Group.
Owned by Bud and Jimmy Payne
and located in Weslaco, Payne Weslaco
Motors was a unique and challenging
project in that Granchelli was building
two auto dealership buildings at the
same time, on the same land, and with a
tight deadline. An additional third building was also constructed during the
roughly 7-month long project.
Housed in the buildings are a Chevrolet dealership, a Buick/GMC dealership
and a Fiat dealership, along with related
service centers and new and pre-owned
car lots.
Along with project manager Todd
Watkins, project superintendent Steve
Ellis and project architect Prochaska &
Associates of Omaha, NE, owner Jim
Granchelli undertook the $9 million
project in November 2012 and finished in
May 2013.
Prochaska & Associates specializes in
designing automobile dealerships and
was chosen by the Paynes. It was the first
time Granchelli worked with the firm, but
says he will gladly do so again.
“They are very professional. Very exacting,” he says.
The unique “full-service auto mall” is
constructed of masonry, steel, glass, ACM
panels and interior-designed materials
per car manufacturer specifications.
That means using color and design
branding unique to the different automobile families, like Chevrolet and Buick/
GMC.
Granchelli Construction LLC successfully completed the Payne Auto Group’s
new construction in Weslaco.
continued on Page 14
Page 2
South Texas Construction News • June 2014
N
L-R: Chris Garza (project manager), Alonzo Franco (senior CADD manager) and Adam Diehl
(registered professional land surveyor) get ready for the day’s schedule.
Hitting a bullseye
oelle Garza, president of Bullseye Land Surveying Company in
Corpus Christi, and her staff are a
family, she says.
“Our employees have stuck together
in the hard times – sometimes having delayed pay days – and enduring other
problems that come with a growing company,” she says. “We stuck together because we care about each other as a family.”
Garza says everybody at the small
company believes in doing things better.
“We go the extra mile, that makes us
different from the rest,” she says. “Together, we established honest and solid
work ethics that our many repeat clients
have come to expect and enjoy.”
The company participates annually
in a skeet shoot sponsored by the local
chapter of the Texas Society of Professional Surveyors and has had champs in
various levels at the event.
www.constructionnews.net
publishing the industry’s news
Bullseye Land Surveying Company
will celebrate the second anniversary of
its new name on July 24.
“We were too busy to have a Christmas party, so we hope to have a Christmas in July party, complete with outdoor
tents and barbecue pits to celebrate our
success and to honor our clients,” Garza
says.
Bullseye Land Surveying Company
provides professional land surveying services of all types from construction, oil
and gas companies and refineries to individual landowners. A minority-owned
company, Bullseye Land Surveying is HUB
and TxDOT certified. The highly experienced staff can support projects both
large and small. Because Bullseye Land
Surveying Company was previously associated with a worldwide land surveying
and laser scanning company, the company combines big business technical expertise with small business ideals. –cw
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CONSTRUCTION NEWS
South Texas Editor: Cyndi Wright
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South Texas Construction News • June 2014
Page 3
Seventh’s heaven
T
hey partied seven ways to Sunday!
Nearly 100 women from Austin,
Corpus Christi, Dallas, Houston, San
Antonio, Waco, and Tulsa, OK joined their
Fort Worth sisters Apr. 24-26 to celebrate
construction’s working women.
After settling into their hotel rooms
Thursday night, the ladies put on their
scootin’ boots for the world’s largest
honky tonk, Billy Bob’s Texas. Anyone
without sore feet the next morning took
a walking tour of the Fort Worth Stockyards and then enjoyed meetings and
workshops.
After an evening meet and greet, the
ladies turned in ( … early? Ha!) to rest before Saturday’s activities. The day included presentations by award-winning
training director Judy Hoberman and NAWIC National President Yasmine Branden.
The Fort Worth chapter also celebrated
its 60th birthday with cupcakes; although
the milestone birthday was last year, the
Fort Worth members postponed hosting
the 2013 Forum so that the Tulsa chapter
could play host during its own 50th anniversary.
The ladies were ready to rock Saturday night at the “Rock of Ages” banquet,
with the attendees costumed as their favorite musical era, artist or group. Three
past national presidents, current National
President Yasmine Branden, current National President–Elect Sandy Field and
three national directors were on hand to
celebrate the Region 7 members as they
received awards. Afterward, the bobby
soxers, hippie chicks and Pat Benatars
danced to the nostalgic notes played by
the Fab 45’s.
The National Association of Women
in Construction’s Fort Worth chapter
hosted the Region 7 Forum 2014 at the
Hilton Fort Worth. –mjm
L-R: Corpus Christi chapter treasurer Darlene Lee Omana,
President Vickie Thompson and Vice President Lisa Huerta
L-R: Corpus Christi chapter President Vickie
Thompson accepts the “Membership Double
Digits Award” from Region 7 Director
Jennifer Swinney
L-R: Corpus Christi chapter Vice
President Lisa Huerta accepts
the 1st place “CAD” award.
L-R: National President-Elect Sandy Field and past National
President Luci Roberts take the bull by the horns
The ladies booted up for Billy Bob’s.
Page 4
South Texas Construction News • June 2014
president and my dad, Bill Peacock,
would serve as the corporate secretary
and comptroller. From May 2003 to present, PGC has completed numerous projects ranging from $100, 000 to over $5
million. These projects include schools,
banks, office buildings, city parks, a fire
station and more.
Tre’ Peacock, President
Peacock
General Contractors
T
re’ Peacock is the picture of a successful businessman. After all, he is
president of Peacock General Contractors in Harlingen, a company that has
current annual sales of between $7-12
million.
But a closer look reveals a man deeply committed to God, family and community. Although competitiveness certainly
plays a part in what Tre’ considers accomplishments, he is more focused on customer satisfaction and putting deep
roots down in the Rio Grande Valley than
he is on counting money.
Tell me about your early life
I was born in Harlingen in 1975.
When I was 4 years old, we moved to The
Woodlands, TX. Although I had many
friends and was involved in different
scholastic and city sports activities, I’ve
always considered Harlingen home. During the summer after my 9th grade year, I
decided I wanted to live in Harlingen. After a few discussions with my parents, I
moved home to Harlingen two weeks
into my 10th grade year.
I graduated from Harlingen High
School in 1993 and enrolled in Southwest
Texas State University in San Marcos, TX.
After a couple of “unsuccessfully
planned” years, I returned to Harlingen. I
enrolled in the University of Texas at
Brownsville and began to work part time
in the family business, Peacock Construction Company. I graduated from UTB with
a Bachelors in Business Administration in
1999 and began working full time.
How did you become president of Peacock General Contractors?
In 2002, my dad and his partner, Hal
Wyrick, decided to take their company in
a different direction. This led to a corporate change where Hal would retire and I
would enter as a director. By early 2003,
the corporate change was completed
with the establishment of Peacock General Contractors, where I would serve as
What challenges have you faced?
My first challenge as a business owner came a year after Peacock General
Contractors was started. I bid my first
million-dollar project and was the low
bidder. My insurance company at the
time gave me a bid bond in order to bid
the project, but refused to give me a payment and performance bond in order to
secure the contract. I was devastated and
we were left scrambling for an insurance
company to take a leap of faith on me
with my new company. I talked to several
insurance companies over a three-week
period, until I landed in the office of
McAfee Insurance Agency. I met Richard
Garza and explained my dilemma. I believe his words were, “of course we can
help you, y’all are ‘Peacock’, and you have
been around for 30 years.” After gathering all the proper paperwork and bank
letters, we were given the bonds to secure our contract. The project was a success and we made a nice profit on it. Ever
since then, I’ve used Richard as my insurance agent and have bid, bonded, and
successfully completed between 8 and
10 jobs per year over this last decade. I
will be forever grateful for Richard taking
a chance with me, although I didn’t consider it a big risk on his part.
What have you learned?
I can say I honestly learn something
new on every project.
There are a couple of projects that
hold special meaning to me. I’ve had the
opportunity to build numerous projects
for the Harlingen CISD, and one project
for UTB. I enjoy building for HCISD. I
know the people over there and they are
good people to work for.
Although I enjoy remodeling and
building new additions for my high
school alma mater, I really wanted to
show off my skills for my college alma
mater. After all, if they didn’t think I qualified to build a project for them, I would
think that would be a knock on their businesses program.
As luck would have it, a project came
out for bid, we were the successful bidders, and I was ready to show them that
one of their alumni had succeeded. The
project wasn’t very large, but it was a million dollar contract. We built the UTB Soccer Complex Phase I.
You serve on many different boards
and civic organizations, why?
I am involved on city boards, as well
as several community organizations. Currently, I am the president of the Rotary
Tre’ Peacock loves his job as president of Peacock General Contractors.
Tre’ Peacock and his fiancée Janette Mejia enjoy some together time
at a Houston Astros game.
Club of Harlingen, president of the Associated General Contractors of America,
and chairman of the Harlingen Planning
and Zoning Commission. I am also involved with the UT Brownsville Alumni
Association, the Harlingen Comprehensive Plan committee and a “Big Dawg” for
the Harlingen Chamber of Commerce
membership drive.
In the recent past, I have served as a
member and/or director of Harlingen
Zoning Board of Adjustment, Harlingen
Industrial Foundation Inc. Board, Cameron County Children’s Advocacy Board,
American Concrete Institutes, Family Crisis Center Board, and others.
I feel it is my duty to give back to my
community. I make a good living in the
Rio Grande Valley and I believe I should
give back. Whether it’s sitting on community boards, donating money to local
charities, or volunteering my labor and
time at Loaves & Fishes, Rotary Club of
Harlingen Trash Bash, or adoption awareness projects, this is where I get the motivations to do what I do.
What are your greatest achievements?
Professionally, every time I am
awarded a project and every time I close
that project, is where I get the most enjoyment. The time it takes to put a good
number together, see the project
through completion and turn it over to
the “owner’s” delight is why I am in construction.
Personally, May 12, 2014, marked the
1-year anniversary of my quitting smoking. It was the hardest thing I’ve tried to
do and I take great pride in saying I’m a
non-smoker.
What are your goals?
Professionally, my goals are simple. I
strive to build projects for my clients in a
timely manner and at reasonable cost.
Although profit is usually the number
one goal of business, I work for customer
satisfaction first. My model calls for my
company to root down into the Rio
Grande Valley and contain a consistent
job flow. I would like to maintain my current sales at between $7-12 million gross
sales per year.
My personal goals are pretty simple,
too. I want to be a good husband to my
fiancée, Janette, a good son to my parents, and a good brother to my sisters,
Rosalyn and Missy. Family is my number
one goal and responsibility in life.
I love my business, but I have seen
first hand how it almost killed my dad. I
purposely take time out to decompress
and enjoy my time with my family and
friends. The stress of construction, or any
business for the matter, will get to you if
you don’t take some time to get away
and relax.
How did you meet Janette?
Janette and I met through mutual
friends. We are planning on getting married in 2015, but there is no set date yet.
Janette and I have a lot in common.
We both put our family first. I don’t mean
family by name. I’m referring to family
and friends who you would do anything
for. Let’s just call these people the circle
of trust people. We both believe in God,
and we both enjoy the other’s company.
Although we have a lot in common, we
have our differences, too. Janette is a flyby-the-seat of her pants kinda girl, while
I’m a planner. Janette is more mature
than I am and acts her age. I’m 39, but she
says I act 15. I don’t agree with her. Ultimately, I think it’s our differences that attract us to each other.
What do you do to “de-stress”?
My favorite sports team since I was a
kid is the Houston Astros. Although I live
300 miles away, I try to make as many
weekend home games as I can. It has
been difficult watching them the last few
years because of all the losses, but even
when they lose, I win. I say that because
I’m with Janette, out of town, meeting
new people and relaxing. Who wouldn’t
enjoy that?
I travel to Las Vegas almost every
year for my birthday. This trip was supposed to be a guys-only trip. That lasted
until three years ago, coincidentally the
same time I started dating Janette. Janette and I have been to San Diego, Las
Vegas, and San Francisco together. We
are planning to go to Australia in June.
What was your favorite get-away?
I would have to say my favorite getaway was when I was 19. My dad took me
to Costa Rica for a two-week vacation.
Just father and son. I had the best time of
my life as we traveled the country in a little Jeep. A few days into our trip, we were
at a little fishing village. Outside of our
cottage there were little boys, Ticos as
they are called in Costa Rica, fishing with
crude gear. Basically it was a coke bottle
with string wrapped around it. As they
hand slug their hooks into the ocean,
they would catch what looked to me like
snappers. As the professional fisherman
that I was, I went to my room, pulled out
the fishing pole I brought, and headed
out to the rocks to show these Ticos how
to fish. All I showed them was a good
belly laugh. Each time I would cast my
8-pound line, the line hit the rocks and
would snap. I tied and lost three lures before I couldn’t take the embarrassment
anymore. It was a shot to my ego, but it
was only one day out of the 14 great days.
–cw
South Texas Construction News • June 2014
Page 5
Sales and Use Tax and the
Texas contractor: Solve the
riddle PART 3
Stephanie Thomas, CPA Principal
Thomas, Thomas & Thomas PC
Houston, TX
W
e have addressed both new construction and repair, remodeling projects for residential property
and commercial property for taxable entities in the previous articles. The focus of this article is construction projects with sales tax exempt
entities.
There are simple questions that contractors should ask at the beginning of
each project. They are:
Question 1. Is the project new construction, repair, remodeling, restoration or a mix?
The project type is not important since
the sales tax exempt entity will not be invoiced any separately stated sales tax.
Question 2. Is the project on commercial property or residential property?
Whether the project is for residential
property or commercial property is irrelevant if the project is for a sales tax exempt entity. The sales tax exempt entity
will not be invoiced separately stated
sales tax.
Question 3. What type of contract is
it?
The contract type is not important since
the sales tax exempt entity will not be invoiced separately stated sales tax.
Question 4. I answered these questions, what does it mean?
The answers to these questions determine how clients are invoiced and when
sales or use tax is due on purchases. The
following information is general and reflects current Texas sales tax rules only.
Sales Cycle: Invoicing if project performed for sales tax exempt entity.
A contractor does not invoice sales tax
exempt entities sales tax on any construction project.
Purchases Cycle: Sales tax the contractor should pay.
If the project is for a sales tax exempt
entity, the contractor may purchase incorporated materials, subcontractor labor and consumable supplies tax free.
The consumable supplies must be necessary and essential to the performance of
the contract and completely consumed
at the jobsite. An exemption certificate
should be issued to subcontractors, incorporated material suppliers and consumable supply suppliers in order to purchase these items tax free.
The contractor may purchase taxable services tax free if the contract expressly requires the service to be provided or purchased by the contractor, the
service is integral to the performance of
the contract and the service is performed
at the jobsite. If all of those criteria are
applicable, the contractor may issue a exemption certificate to the taxable service
provider in order to purchase the service
tax free.
Tools, equipment rentals, silt fencing, scaffolding, etc. are taxable to the
contractor regardless of the entity type
(i.e. exempt or taxable). These items are
tax exempt only if the exempt entity, not
the contractor purchases them.
It is important that the contractor
obtain the appropriate documentation
that the entity is exempt from sales tax.
For all entities that are not governmental
entities, a properly completed exemption certificate and confirmation from
the State Comptroller should be obtained
as soon as possible. Confirmation of a entity’s exempt status may be obtained online via the Exempt Organization Search
and Verification link in the Searchable
Taxpayer Information database on the
Texas Comptroller of Public Accounts
website.
The contractor’s responsibilities with
projects for sales tax exempt entities are
relatively simple. Separately stated sales
tax is never invoiced and certain items
may be purchased tax free. It is especially important to obtain substantiation of a
entity’s sales tax exempt status as soon as
possible.
Stephanie Thomas, CPA has helped clients
with sales and use tax issues exclusively
since 1998. Thomas, Thomas & Thomas, PC
is a CPA firm that addresses state tax issues
only. We help clients all over the country
address sales and use tax audits, minimize
sales and use tax deficiencies, and understand how to comply with applicable sales
and use tax laws. Stephanie can be reached
at (281) 469-1103.
Avoid FMCSA fines by
updating your MCS-150 form
Tom Quintero, Vice Pres. Risk Mgmt Services
IBTX
Dallas/Fort Worth, TX
O
ne of the regulations found in the Federal Motor
Carrier Safety Regulations is 49 CFR 390.19, which
requires a motor carrier to update its registration information with the Federal Motor Carrier Safety Administration (FMCSA) once every two years. If you have a USDOT number, you are subject
to this requirement.
This registration update regulation has been a requirement for many
years, however, it was largely unenforced until recently. The FMCSA is taking a harsher stance and has begun to
fine motor carriers who have not updated their registration records.
To determine when you must file
your update, you must refer to your
DOT number. The last digit of your
DOT number is the month in which
you must file your update and the second to last number identifies if you
must file in an odd numbered or even
numbered year. For example, if your
DOT number is 921934, you must file
your update by the end of April (4),
2015 (odd number). If your DOT number is 1632927, you must file your update by the end of July (7), 2014 (even
number).
You can file your updated registration by filling out the MCS-150 form
and mailing it to their office in Washington, DC. You can also file electronically at their website, www.fmcsa.dot.
gov. If you are filing the form electronically, you will need a PIN number. If
you do not have a PIN number, you can
request it and they will mail it to you in
4-7 business days. If you lose your PIN
number, it will take another 4-7 business days to get a new one.
The form asks for basic identifying
information about a motor carrier such
as name, address, and phone number.
It also asks for the type of freight the
carrier transports and the number of
trucks and drivers it has. FMCSA uses
this information to keep track of the
motor carrier and to find the carrier for
audits. It also uses the truck and driver
information to help score the carrier
within its CSA system, which prioritizes
motor carriers for audits. In the future,
the information on the MCS-150 form
identifying the number of trucks will
also be used to ensure you have paid
the correct amount of UCR fees.
If FMCSA has evidence that a carrier has not updated their registration
information on time and the carrier is
still operating, they may fine them for
failing to update the registration. With
the new MAP-21 law that Congress
passed in 2013, these penalties will
likely be more than $1,000.
Typically, the FMCSA will not mail
you a reminder notifying you to update your MCS-150 form. If you do not
update your registration information,
FMCSA holds you responsible. In addition, if you update your registration information at some point prior to the
month and year prescribed by your
DOT number, you still must file it again
when the rules demand. For example,
a motor carrier’s number is 1632927.
They update their registration information in December, 2013, because they
bought 10 new trucks. They still need
to file the MCS-150 form again in July,
2014
Make sure your information is upto-date with FMCSA. It could save you
some money.
Tom Quintero brings 25+ years of experience in the Risk Management field in the
Construction industry & Heavy Manufacturing/Industrial environment as well as
Pre-Stressed Structural Concrete industry, Heavy Highway TXDOT transportation and Fleet Safety Management, PreCast Concrete and Steel Erection, Steel
Fabrication and Distribution. He is an
Approved Professional Source in the
State of Texas and OSHA Outreach Trainer through TEEX for the Construction Industry. He can be reached at 800-8806689, or visit www.ib-tx.com.
Page 6
South Texas Construction News • June 2014
It’s not a Mirage
Be a smarter supplier,
contractor
T
his month’s Associated Builders of
Texas–Texas Coastal Bend Chapter
(ABC-TCB) First Wednesday Mixer
was sponsored by Mirage Industrial Services, and was held at South Texas Icehouse Bar & Grill. Eric and Rod Neal, of
Mirage Industrial Services, have been
very active in the chapter since they
joined in 2013. This was the second mixer
they’ve sponsored in 2014. –cw
Mark L. Hill, Shareholder
Cowles & Thompson, PC
Dallas, TX
L
L-R: Eric Neal and Rod Neal, Mirage
Industrial Services
L-R: David LeGros; board member Mike Garza; Debbi LeGros; Orie Martinez; board member
and 2014 ABC state board chairman Mark Roach
ien waivers are requested and executed every day in
Texas. If you want payment, you sign a waiver. With
construction in many parts of Texas advancing at a
fever pitch, this is very common. Lost in all this activity
though, many suppliers and contractors sign waivers
in exchange for payment without taking the time to understand what is actually in
them.
Historically, claimants like suppliers
and subcontractors routinely signed
very broad lien waivers in order to receive payment. This was frequently done
because the contractor simply didn’t
know or care to review the waiver, or the
contractor was under various pressures
(ex. financial) to just sign the waiver. It
thus became practice for developers and
GCs to use sweeping lien waivers to take
advantage of suppliers and subs.
Some lien waivers only waived your
right to claim a lien to the extent that you
are being paid. This is what suppliers
and contractors oftentimes assume they
are agreeing to in the waiver. The problem in the past, however, was that waivers many times went much, much further. Some waivers included releases of
all claims for payment, and some waivers
included language that released all
claims of every kind against the owner
and the property. Not understanding
these differences frequently proved to
be a costly mistake for suppliers and contractors.
In years past, Texas State and Federal
Courts upheld these broad waivers –
usually relying on the language in the
construction contract itself. Subcontractors and suppliers lost big.
Within the last few years though,
Texas has updated its lien waiver laws to
now require universal, mandatory forms.
While as with most laws there are some
exceptions, these mandatory forms can
help suppliers and subcontractors prevent owners and general contractors
from slipping in overly broad waivers, indemnity provisions, and releases of
claims.
Now, construction lien waivers in
Texas are likely unenforceable unless
they parallel the new lien waiver forms
set forth in Chapter 53 of the Texas Property Code. The Code includes four (4)
different lien waiver forms that a person
(ex. owner, developer) must use in order
to effectively waive or release a lien:
1. Conditional Waiver and Release on
Progress Payment. To be used when a
(claimant) supplier/subcontractor is required to execute a waiver and release to
receive a progress payment.
2. Unconditional Waiver and Release of
Progress Payment. To be used when a
(claimant) supplier/subcontractor is required to execute a waiver and release to
prove the receipt of a progress payment.
3. Conditional Waiver and Release on Final Payment. To be used when a (claimant) supplier/subcontractor is required to
execute a waiver and release to receive a
final payment.
4. Unconditional Waiver and Release on
Final Payment. To be used when a (claimant) supplier/subcontractor is required to
execute a waiver and release to prove the
receipt of a final payment.
Also, Texas law now provides that a
person may not require a claimant or potential claimant to execute an unconditional waiver and release for a progress
payment or final payment amount unless
the claimant or potential claimant received payment in that amount in good
and sufficient funds. This helps address a
problem claimants in the construction industry have faced for years, pressure to
sign unconditional waivers before payment has been made in full for the invoice.
Time will tell how Texas Court’s address these new lien waiver form requirements. Would a court still enforce an entire, broad waiver document? That’s unlikely. The Court could choose to enforce
only the limited lien waiver language, or
it could potentially kick out the waiver all
together?
The point being, regardless, is to be a
smarter supplier or contractor. Pay attention to what it is you are waiving, review or have it reviewed as a matter of
course, and know that the laws in Texas
have evolved to help.
Mark L. Hill is a Shareholder with the law
firm. He advises and defends clients, both
large and small, in construction disputes
and other business litigation matters. Mr.
Hill also helps businesses avoid and, if possible, resolve disputes before they ever reach
litigation. Mr. Hill has been named a Texas
Super Lawyer (Thomson Reuters) Rising
Star multiple years, and a Texas Super Lawyer in 2013. [email protected]
South Texas Construction News • June 2014
Page 7
I
can’t tell you how much I’m missing
being on the water, being on a boat,
fishing, and most of all, seeing my customers. This injury has really been wearing on me both physically and mentally.
The update from my doctor remains the
same, meaning no weight bearing on my
leg and continuing physical therapy. I’m
really hoping to be walking by the 4th of
July, but only time will tell.
Summertime blues
by Capt. Steve Schultz
Sponsored by:
Premier Yamaha Boating Center, Majek
Boats, E-Z Bel Construction, Power
Pole Shallow Water Anchor, Aggregate
Haulers, Interstate Batteries, Pure Fishing,
Mirr-O-Lure and Columbia Sportswear.
As for fishing, my original prediction of
me being back on the water by mid-July
is fading fast. I will keep everyone posted
on my progress and continue to keep all
my readers up to date on what’s happening on the water through info from my
fellow guide buddies.
Meanwhile, as we turn the page of the
calendar to the next month, hopefully we
can say goodbye to the cooler weather
for good. This year’s winter weather patterns have been drawn out the latest I
have seen in quite some time. With the
last cool spell in mid-May, we saw water
temperatures dip back down into the low
Dolphinized
seventies. These constant changes have
made patterning fish very challenging to
say the least. The other challenge anglers are facing is finding clean water to
fish. Reports that I have been getting indicate that a good portion of the Upper
Laguna Madre (ULM) waters are cloudy
with a bloom, making visibility poor.
With all of this said, fishing has not been
all that good this season. I’m really not
buying that everything is running a
month late this far into the year anymore.
By the time this column gets to the newsstand, we will be well into summer..
These fish should have been here several
months ago. I really think we have seen
such an increase in fishing pressure over
the last 10 years, our resource cannot
handle the pressure. I know these comments will stir up some controversy and
everyone will have an opinion on why
this is happening, so I will also add that
this is probably only one of the reasons
things seem to be tough this season. I’m
going to leave it at that for now and will
pick this topic up on a later column on
some of the other reasons why I think
fishing is not like it used to be.
I would like to take a minute and congratulate Doug and Cindy Niznik on another
successful tournament. This year the venue added a women’s tournament which
had a surprisingly strong turn out and
awarded two Texas A&M marine biology
students scholarships to use while doing
internships with Texas Parks and Wildlife
this summer. This is one of the few tournaments I support and fish. I wish more
tournament director’s would follow this
format.
Although I will not be fishing for the next
several months, please don’t hesitate to
call with all you fishing needs. I still have
several openings in September and October. I can also assist you in finding a reputable guide for you and your group. I can
be reached at 361-949-7359 or 361-8133716, or e-mail me at
SteveSchult zOutdoors @ gmail.com.
Good luck and Good Fishing.
SHARE YOUR PHOTOS & STORIES:
fishing, hunting, skiing,
biking, racing, or
any outdoor activity or sport.
Email to:
[email protected]
or call 210-308-5800(home office)
STEVE SCHULTZ OUTDOORS, LLC
T
Robin Smith works in the tank with a dolphin.
eresa Salmans-Smith has worn
many hats for United Rentals in
Corpus Christi.
“My title today is service writer,
which means I dispatch all field service
techs to job service work orders for repairs at jobsites,” she explains.
But, along with her husband and
soul mate of 13 years, Robin Smith, her
volunteer work with animals and time
with family and friends is what she says
keeps her life full and busy.
As part of that, the couple belongs to
the Texas Marine Mammal Stranding Network (TMMSN).
“We became involved in the stranding network because they made a plea
on the news about 9 years ago for a badly
sick and stranded dolphin,” Salmans-
Teresa Salmans-Smith finds reward
in helping marine mammals.
Smith said. “When a mammal beaches itself and lives long enough for us to transport it to a holding/rehab tank, it requires
24-hour care. The animals are constantly
monitored: everything from breaths, actions and general appearance is observed and recorded. We have had some
great successes and placed animals with
Sea World of San Antonio and California.”
One special dolphin will always have
a place in her heart: Noah.
“When Noah first came in, he had a
piece of plastic stuck between his two
stomachs and that is what started him on
the road to sickness,” she said. “It took us
a year of rehab to clear his pneumonia
and the ulcers in his stomach to get him
healthy enough to be placed. We could
not release him back to the wild, but he
went to an aquarium in Florida where he
lived out his life. That dolphin Noah will
always have a piece of my heart. They
have so many human like qualities you
just fall in love.”
At one time, the couple was also
known for rescuing orphaned wild baby
rabbits. Out of 22 babies, they successfully kept 17 alive long enough for them
to be released.
“In both instances, saving a life - be it
human or animal - is a rewarding experience,” Salmans-Smith says. “If you make a
difference to any living, breathing thing,
it rewards 100 times over of whatever you
put in in work or time.” –cw
BAFFIN BAY –– LAGUNA MADRE –– LAND CUT
SPECKLED TROUT –– REDFISH –– FLOUNDER
FISHING AND HUNTING TRIPS
(361) 949-7359
www.baffinbaycharters.com
[email protected]
U.S. Coast Guard &
Texas Parks and Wildlife Licensed
Page 8
South Texas Construction News • June 2014
Ken Milam’s Fishing Line
Since 1981, Ken Milam has been guiding fishing trips for striped bass on Lake Buchanan in
the Texas Hill Country,. You can hear Ken on radio on Saturday and Sunday mornings, 6-8
AM on AM 1300, The Zone – Austin, or http://www.am1300the zone.com
Now is your
chance!
ing as much as it is providing the canvas
for people to build their memories on.
Everybody loves to catch fish, but maybe
the most valuable thing is to get to spend
time with your family in a place where
you can’t just zone out and ignore everyone and everything around you because
it’s unfamiliar and you have to pay attention. To that end, I have seen a parent
collect all the cell phones in his hat before boarding the boat, so he could just
lock them up in the car until we got back
to the dock. Now maybe he was just trying to keep from losing any phones overboard, but I like to think he was really just
making sure the kids would really “be” on
the fishing trip.
The other important reason I love to
see the kids come fishing is that the numbers of young people enjoying the outdoors is dwindling. That will hurt all of
us. If fewer licenses and permits are sold
by Texas Parks and Wildlife, they have
less money to preserve and protect our
state parks and wildlife resources. Fewer
people traveling and getting involved in
the outdoors will result in fewer places to
go, and less activities to do. Most important though is just the fact that mankind
still needs and benefits from being outside. Without outdoor time we have no
more depth to our hearts and souls than
a black and white page of code. Man
hasn’t evolved past the world we were
created for yet. We still need to gaze into
the sparkling depths of a night sky, watch
a hawk soar on the wind or see a game
fish dart after a school of shad to really
feel alive.
So come on. Let’s get out there!
S
chool’s out and the kids are FREE for
the summer! At least as free as their
busy schedules of ball games, classes and summer camps and the relentless
draw of their game consoles allow them
to be.
This is your chance to load up your
crew and go make some new family
memories and broaden some horizons!
Just like the winter holidays give you a
chance to get the kids in the woods,
these warm summer days let you have
the opportunity to hit the road and find
some water to play in.
I have been a fishing guide long
enough to watch quite a few of my clients
visit me as a child by dad’s side, a young
adult just starting a family and then
showing off the new grandkids. I have
seen firsthand how important it is to take
the time to introduce children to activities and traditions that are valued and
handed from one generation to another.
I have also seen folks whose parents never found the time to go and do stuff with
their kids. They often seem to feel like
there is something missing from their
lives and if they realize it what it is, then I
get to take them fishing to catch their
first fish for their 50th birthday. That first
fish is just as sweet to hold up in triumph
at 50 as it is at 5 years old!
The most important part of my job as
a fishing guide may not be the fish catch-
S & D Plumbing, Taylor, TX
The Williams family
www.constructionnews.net
publishing the industry’s news
Texas
Style
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STEEL BAR GRATING
Metelmex International
Structural Steel Products
Pipe & Tubing
Metal Building Materials
Ornamental Iron & Accessories
Cast Iron Spears
Fittings
Decorative Castings & Designs
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2042 W. Thompson @ Port San Antonio
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San Antonio, TX 78226
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We are your Steel Bar Grating
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Half or Full Day Fishing Trips
All Bait, Tackle & Equipment
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and WE DO THE REST!
Ken Milam Guide Service
(325) 379-2051
www.striperfever.com
We offer the following:
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Contact us at 210.390.1618 or
855-USGRATING
Come by and visit us at
8799 Crownhill Blvd.
San Antonio, Tx 78209
South Texas Construction News • June 2014
Page 9
Bait and hook
R
oofing contractors and
suppliers from around
the state participated in
the 11th Annual Roofing Contractors Association of Texas
(RCAT) Fishing Tournament at
Woody's Sports Center in Port
Aransas, TX May 3.
“We had 35 guided boats
and more than 150 attendees,” said Vera Samperi, RCAT
executive director. “We had a
division for most spots on a
redfish this year. One of our
anglers caught a redfish with
nine spots. In addition, one of
our anglers caught a redfish
with no spots, which is unusual.” –ab
Submitted to Construction News
She shoots, she scores
Thanks to sponsors HOLT CAT, SWBC, Lone Star Dodge, and Silver and Black Give
Back, the Spurs Coyote delivered a very special surprise to Madyll Powao and her
husband, Chris, Apr. 30 at SWBC Tower. Powao won Tim Duncan’s customized, autographed truck in a year-long raffle that benefits St. Jude’s Ranch for Children. –mp
Your Outdoor photos here!
Hunting, fishing
camping,
running, hiking,
biking,
baseball, football,
basketball
We welcome all your
Outdoor adventures!
Send to:
[email protected]
Page 10
South Texas Construction News • June 2014
Delicious day
Submitted to Construction News
Helping humanity
1st Place Fajitas winners - United Rentals
On May 3, the Lower Rio Grande Valley American Institute of Architects Chapter
and the Rio Grande Valley Chapter Associated General Contractors participated
in a joint workday for the local Habitat for Humanity. Students from the South
Texas College Construction Supervisor Program also lent a hand in the activities and the group managed to do a lot of work on three homes currently being
constructed by the Habitat. Thanks to all who showed up to help out.–cw
P
lenty of food and fun was enjoyed
by all at the 4th annual Rio Grande
Valley Chapter Associated General
Contractors (AGC-RGV) fajita cookoff and
spring mixer Apr. 24 in Harlingen. Nineteen cooks entered the challenging competition, serving up yummy fajitas, salsa,
pan de camo, beans and chicken as the
judged categories this year. –cw
Winners
Fajitas
1st: United Rentals - Paul Flores, Chris
Lowery, Al Perez, Raymond Canales
2nd: GC Steel - Eddie Garza, Jose Castillo,
Jacob Garza, AJ Alaniz Beans
1st: CAS Companies - Raymond Moses,
Harvey Rodriguez, Adrian Perez, Michael
Aguilar
2nd: HD Supply Water Works - Marco Cardoza, Joel Garcia, America Garza, Gus
Garza
Pan de Camo
1st: Agua Works Pipe & Supply - Scott
Bennett, Thomas Bennett, Joshua Bennett, Joe Flores
2nd: Terracon Consultants - Stephanie
Rendon, Al Velez, Nadia Flores
Salsa
1st: United Rentals
2nd: American Safety - Abel Moya, Eli
Flores, Robert Quintanilla, Joe Famianno
Chicken
1st: CAS Companies
2nd: Terracon Consultants
People’s Choice
REFCO
Alamo Crane
is equipped tohandle
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People’s Choice Award - REFCO
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From El Paso
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34 Years of Service
to Texas
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San Antonio (210) 344-7370
Austin
(512) 282-6866
Toll Free
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Woman-Owned Business
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More powerful than a locomotive! It’s Superkid!
South Texas Construction News • June 2014
Page 11
HVAC & Plumbing Industries
Technolgy biggest change
in industry
Carlo Hernandez, Owner
AC-1 Service Air Conditioning & Heating
Brownsville, TX
C
arlo Hernandez has seen a lot of changes since he
first donned a leather tool pouch and entered the
HVAC industry in 1989.
“Technology is a huge change,” he
said. “We still get dirty, but now we’re sitting on a roof in the heat communicating
with a guy sitting in air conditioning in
California who’s directing us to move a
sensor or find a loose connection and to
perform a full reset of the system.”
Rapidly going by the wayside are the
days of arriving at a job and getting out
of the truck with a ladder and various
tools, Hernandez says.
“Now, when you get your tools, you
know what tools you need to bring,” he
says.
It’s one of his beefs with the industry
charged with educating students who
want to enter the HVAC workforce.
As a sitting member on an advisory
board for Kaplan University, Hernandez is
outspoken about what can be done better when getting these students ready to
enter the workforce.
“I’ve told them, they are ‘overtooling’
the students,” he said. “They (the students) can’t spell it, they can’t pronounce
it, but they’ve got the tool anyway.”
But in today’s world, it’s more important to be equipped with some kind of
device that allows one to reach the manual – most likely located online. Once
that manual is located, industry professionals need to be able to read it, as well.
“It’s important to be able to read the
manual and understand it,” Hernandez
says.
Because there are so many more
manufacturers of HVAC equipment now,
there are many more ways each piece of
equipment can differ from the last one.
“Some digital programmable thermostats can have up to 30 steps you have
to follow to get it to work the way it’s supposed to work,” he explains. “That’s why
it is more important now to be able to
read and write.”
In addition, those working in the
HVAC industry must now register with
the state as a protection to the consumer.
Copper and pressure
Just like diamonds and gold that
come from different areas, copper is also
mined in different areas – and the good
copper is almost mined out, Hernandez
says.
“The mines have dwindled,” he says.
“The copper is much thinner and leaks a
lot sooner than you expect it to.”
That can also be attributed to higher
pressure refrigerant, a result of the 1987
Montreal Protocol intended to phase
R-22 and other refrigerants, believed to
harm the earth’s ozone layer, out of the
market.
“In 1989 when I started in the business, I was working on 30-year-old equipment,” Hernandez said. “Now, equipment
starts leaking in 5-7 years.”
A current trend of copper theft has
also added to the costlier repairs and replacements today.
According to Hernandez, the challenge in the industry is to come up with a
longer lasting copper coil and manufacturers are trying various combinations of
copper and aluminum to achieve that.
“Every manufacturer is trying their
own philosophy,” he says. “Everyone is in
the race but no-one has won yet. I’m not
married to any one manufacturer, so I can
choose what my customer needs, based
on warranty, parts availability and other
things.” –cw
Texas heat continues
and so do changes to the
HVAC industry
Todd McAlister, Executive Director
ACCA-Texas
Austin, TX
A
nyone that has spent a summer in
Texas understands just how dominating the Texas heat can be. With temperatures already soaring into the triple
digits before the middle of May, the summer of 2014 at the moment, does not
look any different.
For Texas HVAC contractors, who
routinely deal with the drastic changes in
the Texas weather, there is a multitude of
other dynamics affecting their businesses each and every day. Many of the concerns that were prevalent two-three-five
years ago are still on the forefront of industry change. From home automation
to the refrigerant revolution, HVAC contractors need to stay abreast of the continually changing environments in which
they operate.
As I mentioned two years ago in a
Construction News article, one of the most
potentially impactful measures that has
occurred recently is the advent of home
automation products that link with our
“smart” devices. These products allow
homeowners to monitor just about everything within their homes remotely
and track items such as energy usage.
Though a recently passed legislative bill,
HB 2294, did not fully open up the home
automation industry to unlicensed HVAC
contracting, it did allow for licensed
home security companies to install thermostats with their home automation systems. A win/win for the homeowner,
however, these products could be an issue for the HVAC contractor who is
caught in the middle when the thermo-
stat installed with these automation
products does not properly align with
the installed HVAC system.
Another “hot” topic is the drawndown of R22 refrigerant. With the phaseout date of 2020 quickly approaching,
the Environmental Protection Agency
(EPA) has begun a rather aggressive reduction plan that is reducing the amount
of virgin refrigerant produced by upwards of 40% each year between 20152019. What does this mean for Texas consumers? Most likely, more price increases
on the cost of R22 that will in turn mean
higher costs for HVAC maintenance for
the customers.
Lastly, an item that has been a thorn
in the side of the HVAC community for
more than 4 years has been the proposed
efficiency changes through what the Department of Energy (DOE) termed Regional Standards. An April settlement of a
legal challenge brought by several
groups, including ACCA, alleviated much
of the proposed problems, but does
leave in place a change to the Seasonal
Energy Efficiency Rating (SEER) from 13
SEER in Texas to 14 SEER beginning in
January 2015. There will be a drawndown of manufactured 13 SEER equipment prior to January 1, 2015 that can still
be bought and sold until July 2016, but
many contractors and manufacturers will
begin the 14 SEER turn-over in 2015.
The HVAC industry is a constantly
evolving and constantly moving target
that requires contractors to stay informed
for both the benefit of their company and
their customers. ACCA-Texas recommends that contractors participate regularly in trainings, networking opportunities and other forums through trade associations and other trade related groups
that help contractors stay educated on
these and other industry changes.
Since 2000, Todd McAlister has been the executive director of ACCA-Texas, a Heating,
Ventilation, Air Conditioning and Refrigeration (HVAC/R) based non-profit organization that represents more than 750 companies and 5,000 employees across Texas.–cw
NEXT MONTH
July 2014
Electrical Industry
2014
Schedule
Jan: Construction Forecast
Feb: Construction Safety
Mar: Construction Education
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Call for Ad Space
Reservations
Apr:Women in Construction
May:Concrete Industry
Jun: HVAC & Plumbing
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July:Electrical Industry
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(210) 308-5800
Oct: Specialty Contractors
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Dec: Construction Equipment
Page 12
South Texas Construction News • June 2014
A century in the making
F
ort Worth isn’t only where the West
begins, it’s also where it all began
for plumbing, heating and cooling
contractors in Texas.
Industry members came to Cowtown
April 24-26 to celebrate the legacy of 11
Texas plumbing contractors who gathered there 100 years ago to form the “Associated Master Plumbers of Texas.” Although the state association has changed
its name and grown to approximately 400
members since that time, the intention to
improve the industry and advance its
membership has remained the same.
Its century worth of achievements is
considerable. Its legislative efforts have
established new licensing laws and certification programs. Its educational programs teach over 10,000 students
throughout the state and 149 high school
students have received scholarships. A
Texas state-approved apprenticeship
training program was also developed six
years ago in partnership with North Lake
College and the Construction Education
Foundation; its unique condensed and
Past PHCC presidents were honored
Normac
Putting seven kids through college. Ha.
Jim Granchelli,
Granchelli Construction
by workshops and exhibits featuring the
latest in products. Football fans in the
group got a special treat Saturday evening, when former Dallas Cowboy Drew
Pearson spoke at the Presidents Awards
dinner. Past presidents were honored
and 2014 officers were also installed, and
a board of directors meeting and breakfast concluded the 2014 PHCC Texas
Round Up, hosted by the Associated
Plumbing-Heating-Cooling-Contractors
of Texas. –mjm
L-R: Michael Dumoit of Milwaukee Tool, former Dallas Cowboy and dinner speaker Drew
Pearson and PHCC Texas President Pat Freund of Primo Plumbing
Dry Force
What is your greatest
accomplishment?
The day almost 24 years ago when I married my best friend, Gary.
Vickie Thompson, NAWIC CC #4
accelerated curriculum certifies Journeyman Plumbers after four years with the
opportunity to take the Master License
exam the following year.
To honor the association’s impressive history and achievements, the celebration began Thursday morning with a
scholarship golf tournament at Fossil
Creek Golf Course, followed by an opening reception that evening at the
Worthington Renaissance Hotel. On Friday, attendees enjoyed an opening
breakfast and awards ceremony followed
Raising my kids on my own. They were 5
years old and 18 months old. Now, I have
three grandsons.
Shane Dworaczyk, Testengeer
I can be cliche and say that my greatest
accomplishment was my kids, but all of
that goes together with the following.
Many years ago, when I found out that my
husband was terminally ill, I decided I
Milwaukee Tool
Fluidmaster
needed to go back to college in order to
support my children by myself. At that
time I had one in high school and one in
grade school. My husband died several
years later, but by the time he died, I had
graduated from Texas A&M (Corpus
Christi) with a degree in Geographic Information Science (Land Surveying),
and then 9 years later, I graduated with
my Masters in Geospatial Surveying Engineering. I taught my boys, and now my
employees, that with hard work and determination, no matter what the adversity, you can get what you want. My father
(Horacio Oliveira) is a land surveyor, and
was the first Hispanic to pass the very rig-
orous licensing exam. I plan to be the
first Hispanic woman to do the same, and
my youngest is also an S.I.T. (Survey Intern). So my greatest accomplishment is
to show that we can do it. We have done
it and we will continue to do it!
Noela Oliveira Garza,
BULLSEYE Land Surveying Co.
Besides being married for 22 years and
having three girls, I would say my greatest accomplishment has been in my previous job where I was asked to help by
placing telephone calls to elderly people
to make sure their needs were being met. I did not feel confident at all about making the calls and have never enjoyed customer service but before I knew it, I was
halfway done with my list and was beginning to really enjoy my conversations
with them. It got to where they were expecting my call and I looked forward to
chatting with them and listening to their
stories. It turned out that these calls
helped to boost client numbers for the
company and I was recognized with a letter from the president of the company
and a special pendant for kindness in
customer service.
Debbie Montez, AIA Corpus Christi
I wish I could say my greatest accomplishment is climbing Mt Everest or getting a
PHD just because it sounds so amazing.
But I would say my greatest accomplishment is perseverance. Perseverance is a
daily decision to put one foot in front of
the other and finish the race God has set
before me. When my daughter passed
away a few years ago, the last thing I
wanted to do is move forward. Life stops
for a while and it can be hard to gain momentum again. The things that compel
me to persevere are my family. I have two
amazing boys who are in college and just
beginning their adult lives. That is part of
my race I do not want to miss. Perseverance may not sound like much of an accomplishment to some, but for me, it is
my Mt. Everest.
Debbie Schibi, AGC South Texas
South Texas Construction News • June 2014
Page 13
Association Calendar
Round-Up
Content submitted by Associations to Construction News
AGC- South Texas
NAWIC - Corpus Christi
Associated General Contractors
Nat’l Assn. of Women in Construction
June 9-12: 37th annual convention at Hyatt Regency Lost Pines in Bastrop. Call
Debbie Schibi at 361.289.0996 for more
information.
June 17: Dinner Business meeting, The
BBQ Man Restaurant, 5:30pm networking, 6pm meeting, Welding Instructor
from Del Mar College Tiffany Rivera $20,
public welcome. Call Vickie Thompson
361.299.6278 or 361.438.0593. More info
at nawic.org or nawiccorpuschristi.org
AIA - Corpus Christi
American Institute of Architects
To be included in the
Calendar, send your
events to:
[email protected]
Submissions
Round-Up
June 13: 7th annual Fore the Birdies Golf
Tournament at Gabe Lozano Golf Course,
Corpus
Christi.
Debbie
Montez
361.887.2124. Tee time 9am
June 25: CEU Lunch N Learn, Overhead
Door – Jack Robbins; Center for Economic Development, Del Mar College, Corpus
Christi. 11am
Houston civil engineering firm LJA
Engineering
has
hired Brian M. Roybal, PE, as a project
manager in the
firm’s Rail Engineering Group. Roybal
joins LJA with more
than 16 years of
project engineering and management
experience. He has a background in rail,
site development, and construction management. In his new role, he will be responsible for leading the management of
railroad projects for industry clients
throughout Texas and the Gulf Coast.
Roybal graduated from the University of
Utah with a Bachelor of Science degree in
Civil Engineering, and from the University of Houston with a Bachelor of Science
degree in Economics.
Chris Hillyer has
been promoted to
preconstruction executive director at
Skanska. He will
oversee the preconstruction efforts in
the San Antonio
and Rio Grande Valley regions. His recent projects include the Kickapoo Casino and Hotel in
Eagle Pass, Main Methodist Hospital in
San Antonio, and the Texas A&M HSC
Clinical Building in College Station. He
earned his bachelor’s degree in construction management from Eastern
Michigan University.
This is a monthly section for brief company announcements of new or
recently promoted personnel, free of charge, as space allows.
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Page 14
South Texas Construction News • June 2014
continued from Page 1 — 35 years of fun in the sun
surveyors, while honing their skills with
traditional and modern tools of the trade.
“Keeping up to date with technology
is critical in our business,” says survey
field coordinator Danny Dorman. “We
utilize many types of surveying equipment from GPS, total stations, pipeline
and utility locators, survey grade laser
levels and high definition 3D laser scanners. New technology requires new software and ongoing training, so we always
come back to education, training and development. It is all about having the right
tools and expert employees for the job.” According to Young, “Our clients
work hard, so we work hard. From sun-up
to sundown, or longer if needed. We
work hard, but we play hard, too. Treating
employees like family is important. Loyal,
happy employees take better care of clients. Our Corpus Christi headquarters office has an annual beach day in Port Aransas. Employees bring their families for
fishing, fun, games, contests and a Texas
barbecue on the beach. In our Fort Worth
office, an employee family outing to Texas Rangers ballpark helps bring the team
together. “
Frontier provides land surveying services for construction, oil and gas, and infrastructure. Services include construction
staking, ALTA surveys, as-builts, mapping,
hydrographic surveying, 3D high definition
modeling and GIS services. An example of
current work is the construction-staking job
for the Mary Rhoades pipeline in Jackson
and Matagorda County. –cw
continued from Page 1 — Passed the test of time
& Taurus Employee Recreation Association), complete with board members.
TERA is responsible for planning the many
events the company’s employees and their
families take part in each year, including
spring and fall barbecues, Christmas parties, kids’ skate parties and the annual
summer trip. The company contributes financially to help make the events happen.
Another reason for this company to
be proud of its workforce is a whopping
4.5 million safe man hours, with 5 million
just around the corner. A safe man hour is
Did you
know?
the hours that all employees have
worked without an accident or injury.
There are many employees in the
company with outside interests and hobbies, including notably, Kevin Schaefer, a
Victoria resident and Testengeer IT & IS
project manager, who has qualified to
run in the 2015 Boston Marathon.
And this year, Testengeer will be celebrating a big anniversary, several prestigious awards and an admirable safety
record. –cw
Past editions can be
downloaded at
www.ConstructionNews.net
Specializing in Industrial Scrap Metal
& Container Service
Communication tower safety
Joann Natarajan, Compliance Assistance Specialist
OSHA
Austin, TX
O
SHA is concerned about the alarming increase in preventable injuries and fatalities at communication tower worksites. In 2013 13 fatalities occurred in this industry,
more than in the previous two years combined. This disturbing trend appears to be continuing, with the four
worker deaths occurring in the first five weeks of 2014. In
an effort to prevent these tragic incidents, OSHA is increasing its focus on tower safety.
In order to erect or maintain commu- CFR 1926.1053(a)(22) or personal fall arnication towers, employees regularly rest systems (PFAS) meeting the criteria of
climb towers, using fixed ladders, sup- 29 CFR 1926.502(d). A PFAS is used to arport structures or step bolts, from 100 rest a worker in a fall from a working level.
feet to heights in excess of 1000 or 2000 It consists of an anchorage, connectors,
feet. Employees climb towers through- and a body harness, and may include a
out the year, including during inclement lanyard, a deceleration device, a lifeline, or
weather conditions. In order to erect or a suitable combination thereof.
• Train workers to safely erect, use,
maintain communication towers, em- ployees regularly climb towers, using maintain and disassemble the ladder
fixed ladders, support structures or step safety device (29 CFR 1926.1060) or the
bolts, from 100 feet to heights in excess PFAS (29 CFR 1926.503), before they begin
of 1000 or 2000 feet. Employees climb working. Training should include how to
towers throughout the year, including identify hazards, inspect the equipment
and cover all fall protection equipment
during inclement weather conditions.
Some of the more frequently en- needed for the job. For example,
train employees on how to safely use
countered hazards include:
positioning devices (29 CFR 1926.502(e))
• Falls from great heights
when working on an elevated vertical
• Electrical hazards
surface.
• Hazards associated with hoisti
• Never use defective equipment.
ing personnel and equipment with base-mounted drum hoists Inspect ladder safety devices and PFAS
(29 CFR 1926.502(d)(21)) for visible
• Inclement weather
defects or damage, such as parts that
• Falling object hazards
are not working properly, wear, broken
• Equipment failure
stitches or bad buckles—before each
• Structural collapse of towers
Maintenance of communication tow- use, after any incident that could cause
ers is covered by 29 CFR 1910.269, OSHA’s damage and as recommended by the
regulation on telecommunications. Erec- manufacturer. Remove from service fall
tion of new communication towers is cov- protection equipment activated during a
ered by the OSHA construction regula- fall and make sure that it is inspected by
a competent person (29 CFR 1926.32(f ))
tions contained in 29 CFR 1926.
Ensure that workers who climb tele- and determined to be undamaged before
communications towers to perform con- using it again.
struction activities are protected from
[email protected]
falls. For example, workers can use ladder
512-374-0271 x232
safety devices meeting the criteria of 29
continued from Page 1 — On time, on budget
We buy Aluminum, Brass, Copper, Iron, Stainless Steel,
Steel, Brass & Radiators
2300 Frio City Rd.
210-927-2727
www.monterreyiron.com
According to Don Prochaska, president of Prochaska & Associates, the project took a collaborative 3-way interaction
between the owner, franchise and contractor.
“A good part of the project was staging construction for minimal disruption
of business,” he said.
Project architect Gary Gebhard said
the location on the edge of a “hurricane
zone” meant keeping the safety of staff
and customers in mind with deeper window frames (10-12 inches vs the normal 5
inches), steel beams halfway up the walls
and more.
Working with the Payne family, who
own 13 vehicle franchises in four Valley
cities, Granchelli says brothers Bud and
Jimmy Payne, sons Austin and Marc
Payne and CFO Bob Grooms all are great
to work with.
“We are looking forward to working
with them again,” Granchelli says, which
the company will be doing soon when
they start a new project building a Volkswagen dealership for the Paynes in
Brownsville.
Granchelli Construction LLC was
founded in 2007 by Jim Granchelli. The
company operates out of one office in
McAllen with 12 employees and specializes in commercial and industrial projects
with private clients.
Granchelli Construction prides itself
on complex projects and renovations, according to Jim Granchelli. They’ve built
everything from federal courtrooms and
jail cells to banks.
“There’s no elaborate sales pitch,” he
says. “We are honest and do what we say
we will do, on time and on budget.”
Granchelli says he operates in the Valley
between Port Isabel and Laredo, so projects can be monitored closely for quality.
“The main thing is to do what you
say you are going to do, when you say
you’re going to do it and to end as friends
when it’s all over,” he says.
Located in McAllen, Granchelli Construction LLC specializes in commercial, industrial, institutional and design build. –cw
The Payne Auto Group project in Weslaco was built in 7 months.
South Texas Construction News • June 2014
Page 15
Students EXPOsed
Artful afternoon
O
n May 20, the American Institute
of Architects Corpus Christi (AIACC) welcomed two special guests,
AIA National president-elect Elizabeth
Chu Richter and Texas Society of Architects Michael Malone, to its monthly
meeting, held at the South Texas Museum of Art, Hesters Café. –cw
On the right: Huxley Smith and Les Glaze,
Ferrell/Brown & Associates
RGV Advantech owner Luis Higareda gives a demonstration of his product.
M
embers of the Rio
Grande
Valley
Chapter Associated General Contractors
(AGC-RGV) participated in
the recent South Texas
College (STC) Construction
Careers Expo. Students
enjoyed presentations on
Building Information Modeling (BIM) and Sustainable Building: Insulated
Concrete forms, as well as
the employment outlook
for the Construction/Design industry in Texas. –cw
L-R: Laura Bennett (Del Mar College), Elizabeth Chu Richter (AIA National president-elect),
and Debbie Montez (AIA Corpus Christi executive director)
Steve Garza of GP7 Construction visiting with students
Zach Munoz, Gignac Architects, Connie Rivera, WKMC,
president AIA Corpus Christi Chapter, and Kyle Miller
Michael Malone, Texas
Society of Architects
president elect
Employees from SpawGlass Contractors talking to students
Crafting professionals
T
he Associated Builders and Contractors (ABC) annual National Craft
Championships (NCC) were held
Apr. 29-May 1 in Birmingham, ALA. According to ABC’s Jeff Leieritz, 156 competitors queued up for 13 competitions.
“It is the most we’ve ever had,” he
said.
Most of the competitors were in their
20’s, according to Leieritz, but ages
ranged up to the 50’s. However, stepping
up to the challenge from Corpus Christi
were several high schoolers who attend
the local ABC Craft Training Center.
Four students training in welding
and electric attended and competed in
the event.
Welding student Vicente Espinosa
Competitors and attendees came
from all over the U.S. The craft trainees
competed for gold, silver, and bronze
medals in 13 competitions representing
11 crafts, including carpentry, electrical,
pipefitting, plumbing and welding. They
tested their skills in both a written exam
and a hands-on, practical application
where they demonstrated their high-level skills and safety best practices.
The trading card program, which
was started last year with support from
Trimmer, was very popular and allowed
competitors to trade their personal trading card with other competitors, training
sponsors, employers and conference attendees. By collecting 10 competitor
cards, attendees were able to take a turn
in the “Spin to Win” contest at the Builder
Nation booth. Prizes included two iPads,
gift cards and NCC cups.
ABC National staff also interviewed
more than 10 competitors on camera and
captured their personal stories about their
career path, current training programs
and why they would encourage others to
consider a career in the construction industry. The videos will be edited and used
in future promotional videos to promote
ABC Craft Training and NCC.
“ABC is very excited to see the country’s best craft trainees show off their
world-class skills and training at this
year’s National Craft Championships,”
said 2014 ABC National Chairman Dan
Brodbeck, president and CEO of Compass
Partners, LLC, Brentwood, TN. –cw
Back row, L-R: Fidel Chapa, electrical instructor, Manuel Lopez Sr., advanced welding
instructor, Kathy Burnette, ABC TCB president and Dr. Mike Sandroussi, CTCCCB president;
front row, L-R: Mario Vega, plate welding, Bryon Gunderson, electrical,
Vicente Espinosa, pipe welding and Brandon Garcia, pipe welding.
Electrical student Bryon Gunderson
Page 16
South Texas Construction News • June 2014
Brick work
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The better-than-ever Brick Boys
A
little nip, a little tuck, a little spackling compound … even company
mascots want to look their best!
That’s why, when Acme Brick’s beloved
Brick Boys started to look a little long in
the toothing, it was time for an “extreme
brickover.”
This wasn’t the Brick Boys’ first time
to go under the trowel; these Acme ambassadors have undergone three other
procedures in their 14 years of service.
“The Brick Boy concept was created
to fill the need of a costumed character
for use at events and especially the Berkshire Hathaway shareholders meeting,”
says Britt Stokes, Acme Brick Company’s director of marketing and photographic services manager. “We needed a
way to let these shareholders know
about Acme Brick in a fun and memorable way. These newest Brick Boys reflect a
fourth generation of modifications and
improvements.”
Fortunately, the Boys didn’t have to
go to the kiln for their overhaul. The
skilled team at Cowan Costume Company in Cleburne adjusted the shoulder
harnesses inside the Microcell foam costumes and repositioned the armholes
from the sides of the Boys’ bodies to their
front. The adjustment makes it easier for
them to shake hands with their many admirers and allows them to pass objects
from one hand to another.
The new-and-improved Brick Boys
had their big reveal May 3 at Berkshire
Hathaway’s annual meeting in Omaha,
NE. After a performance with the Geico
Gecko and university cheerleaders, they
posed for photos with shareholders and
children and passed out 8,000 planning
calendars (which the new arm placement
made so much easier!).
As far as future procedures, there may
be “mortar” come with summer on its
way: A fan may be installed in each of the
Boys’ heads to help keep the actors inside
them from feeling hard-burned. –mjm
Celebrating 15 Years in the Industry
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