SWTC FFA Craft Competitions

In addition to hosting daytime, nighttime and satellite classes, ABC Pelican’s Southwest Training Center has been hard at work hosting multiple craft competitions for Louisiana FFA high school students from across Southwest Louisiana. SWTC LOUISIANA FFA Craft competitionS FEBRUARY 20 AND MARCH 5, SOUTHWEST TRAINING CENTER CRAFT COMPETITIONS: WHERE INDUSTRY’S RISING STARS SHINE

“ABC Pelican is proud of our strong partnership with educational programs like Louisiana FFA,” said David Helveston, President and CEO of ABC Pelican. “Partnerships like these ensure rising stars in our industry have opportunities to display their impressive techniques and learn about how they can make a career out of their skill set.”

The first craft competition took place on Thursday, February 20. Nearly 70 Louisiana FFA District 9 high school students from Allen, Calcasieu, Cameron and Jefferson Davis Parish competed in the categories of electrical, small engine and welding.

Here are the winners of the District 9 Louisiana FFA Craft Competition:

Electrical winners of the 2020 Louisiana FFA District 9 Craft Competition: •1st: Olivia Habetz, Hathaway High School •2nd: Canaan McFarlin, Jennings High School •3rd: Alex Richard, Jennings High School •4th: Carson Anderson, Fairview High School •5th: Gabe Courville, Kinder High School •6th: Christian Mikkelson, Welsh High School •7th: Jack Roberts, Kinder Welsh High School •8th: Corey Cottongin, Reeves High School •9th: Brennon Bort, Sam Houston High School •10th: Cameron Fuselier, Hathaway High School •11th: Zack Trahan, Welsh High School •12th: Cody Leger, Reeves High School •13th: Jacob Bott, Oakdale High School

Small Engine winners of the 2020 Louisiana FFA District 9 Craft Competition (teams of two): •1st: Tanner LaComb and Benjamin West, Elton High School •2nd: Jaci Miller and Jadon Smith, Jennings High School •3rd: Joseph Rodriguez and Nicholas Boudreaux, Jennings High School •4th: Coby Bertrand and Owen Daigle, Sam Houston High School

Welding winners of the 2020 Louisiana FFA District 9 Craft Competition (teams of two): •1st: Matthew Pascale and Brayden Manz, Grand Lake High School •2nd: Toby Johnson and Ryan Guillory, Kinder High School •3rd: Brian Aucoin and Jacob Fontenot, Sam Houston High School •4th: Tyler Bourque and Dylan Taylor, Reeves High School •5th: Kaleb Shuff and Jade Lejeune, Hathaway High School •6th: Kade Parker and Caleb Bushnell, DeQuincy High School •7th: Montana Thigpen and Deondre Lavan, Reeves High School •8th: Tyler Young and Branson Aguillard, Grand Lake High School The winners listed above in each of the categories advanced to the Louisiana FFA Area III Craft Competition on March 5. The welding and small engine portion of the Area III Craft Competition took place on March 5 at ABC Pelican’s Southwest Campus. Avoyelles, Evangeline, Allen, Calcasieu, Cameron, Jefferson Davis, Acadia, Lafayette, St. Landry, St. Martin, St. Mary and Vermilion Parish were represented at the Louisiana FFA Area III Craft Competition. As the 100 high school students competed in the Area III competition in welding and small engine, ABC Pelican Member companies participated in a competition of their own: a jambalaya cook-off. Welding winners of the Area III competition (teams of two): •1st: Tyler Simon and Devin Blanchard, Rayne High School •2nd: Triston Mayeux and Domingo Cooper, LASAS High School •3rd: Peyton Lemaire and Davyn Godeaux, North Vermilion High School •4th: Tyler Young and Brayden Manz, Grand Lake High School ABC Pelican Member companies 24HR Safety, Aptim, Performance Contractors and Turner Industries were part of the cook-off competition. The cuisine prepped by the companies fed competitors, educators and attendees. ABC Pelican Member companies also discussed careers in construction with these students. Here are the winners of the ABC Pelican jambalaya cookoff at our Southwest Campus: •1st: Performance Contractors •2nd: Turner Industries Many careers in or related to construction are projected to grow around 11 percent between 2018 and 2028, and this growth can only happen when we are doing our part to educate future craft professionals about their career options in this industry. Craft competitions like these are just one of the ways that ABC Pelican and our members invest in the future of our industry. SWTC LOUISIANA FFA Craft competitionS CONTinued

“Each of the Area III craft competitors did an outstanding job of displaying their skill sets, technical understanding and safety know-how at the competition,” remarked Helveston.

Here are the winning teams of the Louisiana FFA Area III Craft Competition in small engine and welding. The welding winners advanced to the FFA State Competition at the ABC Pelican Baton Rouge campus on March 24. Small engine winners of the Area III competition (teams of two): •1st: Luke Roelle and Garrett Manuel, Northwest High School •2nd: Jaci Miller and Joseph Rodriguez, Jennings High School •3rd: Lane Nugent and Joshua Woodworth, LASAS High School •4th: Jadon Smith and Nicholas Boudreaux, Jennings High School

INVESTMENT IN YOUR ASSOCIATION MEMBERSHIP UPDATE BY ANNA ZEBEAU, DIRECTOR OF MEMBERSHIP First, our thoughts and prayers are with you, your team members and families during this unfamiliar time. It’s encouraging to witness our industry rally together and continue business as close to normal as possible. As you navigate the uncertainty, ABC Pelican Chapter is here to support you and your employees. As a valuable member service, we have put some resources and information on our website to address common concerns regarding the COVID-19 pandemic. I would like to thank you at this time for renewing your 2020 membership and supporting the Merit Shop construction industry. To date, the Pelican Chapter has reached a renewal rate of 84.5%. It is always so gratifying and humbling to see the association membership renewals come through each year. We take it as a sign of appreciation and trust from our members. Appreciation for what we have achieved on your behalf in the past and trust that we will continue to work diligently for you to accomplish more in the future. The dues that you pay as a member of ABC help not only to defray the cost of the day to day operations of your Association representing your interests, but entitles each of you the accessibility to benefit from the myriad of resources available and to participate in various service programs. Especially now, I encourage you to use our resources, that are available to you and your company, found on our website (www.abcpelican.org) and ABC National (www.abc.org). News around the COVID-19 Coronavirus is changing daily. Like all of our association members, ABC Pelican Chapter and ABC National are closely monitoring the Centers for Disease Control & Prevention (CDC) and the various State Departments of Health and posting the most current information available. We are always here to help and provide support in any way we can during this unprecedented time, so please don’t hesitate to contact us. God Bless you all and be safe!

Pot O Gold Waste Daniel Pena 41248 East I-55 Service Road, Hammond, LA 70404 985.542.5101 www.potogoldwaste.com Joined: January 2020 Supplier: Portable Toilets Sponsor: Dale LeBlanc, Cajun Industries About Pot-O-Gold Waste Services: With a long history in the Gulf South, Pot-O-Gold is equipped to quickly manage emergency and disaster scenarios including hurricanes, flooding, and much more. PotO-Gold always provide clean and well-maintained equipment paired with excellent service and competitive pricing, so their customer benefits every time. Rauch-Milliken International Van A. Meador Jr. 4400 Trenton Street, Metairie, LA 70006 800.237.8430 www.racuchmilliken.com Joined: January 2020 Industry Professional: Business Services Sponsor: Chris Guillot, Sochem Solutions About Rauch-Milliken Industrial: Rauch-Milliken International, Inc. (RMI) was founded in 1989 by Thomas R. Milliken and Steve Rauch with a philosophy steeply based in providing the most ethical and professional method of third party accounts receivables management in the market place. Rauch-Milliken International, Inc. is committed to serving the cash management needs of commercial businesses. Quality and value are instilled in each transaction and within each established relationship. RMI will continue to nurture and develop customer relationships in order to further position itself as a leader in the credit and collection industry. United Site Services Wendy Friedrichs 5227 River Road, Port Allen, LA 70767 504.494.6731 www.unitedsiteservices.com Joined: January 2020 Supplier: Portable Toilets Sponsor: Patrick McKenna, Zachry Group About United Site Services: United Site Services is the nation’s leader in the portable toilet and temporary fence rental services. With 100+ locations coast to coast and the largest fleet of portable sanitation equipment. Our wide selection of solutions, products, and our fast, courteous customer service provides peace of mind during all phases of your project or event. Austin Industrial Michael Taranto 4981 Bluebonnet Boulevard, Baton Rouge, LA 70809 225.772.9408 www.austin-ind.com/industrial Joined: February 2020 Contractor: G.C. Industrial Maintenance Sponsor: Beth Olinde, Workbox LLC About Austin Industrial: Austin Industries is one of the nation’s largest, most diversified U.S.-based construction companies. With more than 6,500 employee-owners, Austin Industries provides nearly every type of civil, commercial and industrial construction services through the expertise of our operating companies: Austin Bridge & Road, Austin Commercial and Austin Industrial. EnviroCon Systems, Inc. Bobbi Schmelter 1910 Rankin Road, Houston, Texas 77073 281.443.2597 www.enviroconsystems.com Joined: February 2020 Contractor: G.C. Other Specialty Constructions Sponsor: Andy Lopez, Cajun Industries About EnviroCon Systems, Inc.: EnviroCon Systems, Inc. is a geomembrane installation and consulting company that specializes in the supply and installation of geosynthetic liners for Environmental, Industrial, Architectural, Commercial, and Agricultural uses. In addition, EnviroCon offers a full service pipe and welding fabrication division for prefabrication of stock items or onsite custom GET TO KNOW OUR NEW MEMBERS WELCOME TO OUR NEW MEMBERS

WELCOME TO OUR NEW MEMBERS CONTINUED fabrication for specialty applications. Percy J. Matherne Contractor Don Matherne 5762 Hooper Road, Baton Rouge, LA 70874 225.356.4416 www.pjmcontractor.com Joined: February 2020 Contactor: G.C. Commercial Sponsor: Mike Scallan, ISC Constructors RIGID Constructors, LLC Wendell Welch 3861 Ambassador Caffery Parkway, Lafayette, LA 70503 225.454.8003 www.rigidconstructors.com Joined: February 2020 Contractor: G.C. Commercial Sponsor: Kevin Alexander, MMR Constructors About RIGID Constructors, LLC: A Louisiana-based privately held construction company that started with the idea that innovation and technology are key components in providing first class construction services and developing strong client relationships. They are committed to providing safe and quality service to our client base located throughout the Gulf Coast Region of the United States. Breaux Petroleum Products Blake Breaux 237 North Barrios Street, Lockport, LA 70374 800.375.3358 www.breauxpetroleum.com Joined: March 2020 Supplier: Fuel, Lubricants, Chemicals Sponsor: Jeremiah Johnson, Bottom Line Equipment About Breaux Petroleum Products: Breaux Petroleum Products in Lockport is an established distributor of quality products for energy, automotive, marine, industrial and aviation needs in South Louisiana. Momentum Rental & Sales Danny Castaneda 36559 Luke Drive, Geismar, LA 70734 225.744.7368 www.momentemrentalandsales.com Joined: March 2020 Suppler: Equipment Sales/Rentals Sponsor: Chad Pierce, EXCEL Group About Momentum Rental & Sales: Momentum Rental & Sales was created to provide customers with superior service and product selection. We are a full-service facility that strives to provide you with the highest level of service – we stress safety and efficiency, and pride ourselves in getting you the lowest price possible on the best equipment available. Sun Coast Resources, Inc. Caressa Bateman 6405 Cavalcade Street, Building 1, Houston, TX 77026 800.677.3835 www.suncoastresources.com Joined: March 2020 Supplier: Fuels, Lubricants, Chemicals Sponsor: Wesley Littleton, 24HR Safety About Sun Coast Resources, Inc.: Sun Coast Resources, Inc. is one of the largest wholesale petroleum marketers in the nation. Licensed in over 40 states with 18 locations in Texas, Oklahoma and Louisiana, they offer a vast array of products and services including: fuels, lubricants, chemicals, oil transportation, emergency response fuel services and much more. Sun Coast has the breadth and depth of products, equipment and resources to support your business’ needs. Champion Civil Services, LLC Michael LeBlanc 3185 Balis Drive, Suite 120, Baton Rouge, LA 70808 225.328.2767 www.championcivilservices.net Joined: April 2020 Contractor: Concrete Contractor Sponsor: Steve Moore, Moore Construction About Champion Civil Services, LLC: Champion Civil Services is a newly launched business that serves general and industrial contractors throughout the Southern United States. Their management team has nearly 60 years of industry experience, they go above and beyond what is expected to deliver exceptional concrete services every time.

From the president CONNECTING IN THE MIDST OF A CRISIS

BY: DAVID HELVESTON, PELICAN CHAPTER, ABC

The first word of our organization’s name is Associated. According to Webster’s Dictionary, associated means related, connected, or combined together. That word has taken on new meanings for me in this unprecedented time as the world responds to the COVID-19 pandemic. Despite having less physical contact with others, I realize more and more how connected we all are.

We cannot come together in person right now, which is one of the main functions of an association. Yet now more than ever, it’s important that we are unified as builders, contractors, suppliers, and industry professionals. One common commitment must be to the health and safety of our employees and communities. Safety is paramount in Louisiana’s construction industry and that priority does not waiver, especially during our response to the coronavirus. While the focus on safety remains at the forefront, the measures implemented are certainly different from normal operations: requiring temperature checks before entering job sites, abiding by social distancing guidelines, lowering headcounts on jobsites and shifting schedules to separate people, and providing additional wash stations.

Another joint effort is ensuring that the construction industry continues to be recognized by federal, state, and local officials as an essential service that is necessary for the critical infrastructure of our communities. Guidelines from the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) highlight the importance of industrial, commercial, and residential construction, even in times of crisis. Our association has been in constant discussions with Governor Edwards’ Administration since COVID-19 cases began growing in Louisiana. We’ve provided valuable information and answered industry-specific questions on the vital role of the construction industry.

As we shift to working remotely, we each have our own unique challenges with our new arrangements. I’ve experienced connection issues with conference calls as the virtual meeting providers have been overwhelmed by surging volume. I’ve been amused and annoyed by callers who forget to press “mute.” I’ve missed my talented co-workers and the ease of walking down the hall for a quick conversation and face-to-face collaboration. My biggest personal challenge has been finding space from a curious twoyear old who wants to join all of her dad’s phone calls.

When our nation fully returns to work, weeks or months from now, we will incorporate many of the lessons we learn from this time of crisis. The way that we choose to associate will undoubtably look different, but I believe that our unified association for the common good will remain as important as ever. Our nation will lean on the construction industry to be an economic engine that provides for its employees, their families, and their communities. The members of Associated Builders and Contractors will be there to lead the way.

Legal guest column PROCUREMENT CONTRACTS AND THE INDEMNIFICATION DANCE

BY: JESS FREY, TAYLOR PORTER SPECIAL COUNSEL, TAYLOR PORTER LAW FIRM

So, you are a contractor that provides services, or supplies goods, to chemical plants in the area. There is one chemical plant you have been targeting for months and hope to land it as your next big customer. Your team has worked hours putting together presentations, proposals and bids, and you just received a call from the customer letting you know that you have been awarded the contract. Time to celebrate, right?

Well, not yet. The customer sends you its form of contract, which you forward to your legal department, and your legal department tells you that the indemnity provision is not acceptable. What do you do now? You start the indemnification dance.

Chemical plants (and companies in other industries) that put time into developing their procurement contracts have a well-designed indemnity provision that is very favorable to the chemical plants. Generally, this indemnity provision states that the contractor assumes sole liability for all injuries to persons and damages to property in any way connected with the performance of the contract and the services by the contractor and its employees or agents, regardless of the Customer’s negligence, fault or their conduct or status that might subject them to strict liability under whatever theory. Your legal department’s reaction to this provision will be that the indemnification obligations your company is assuming under the contract are too broad. statutes. Also, the customer would argue that it has no control over who your company hires as its employees, or engages as its agents, and thus your company should be fully responsible for claims made by these individuals. The customer’s position, and reasoning, regarding these claims as outlined in this paragraph are reasonable. Such claims should not be limited to your company’s negligence.

Your next step, which is at least as important as the first step above, is to add an overall limitation on, or cap to limit, your company’s indemnification obligations under the contract. You should start by asking for a cap on all your company’s liabilities under the contract, which is referred to as a blanket cap. The customer will probably push back on capping all of your company’s liabilities. At that point, you should focus on capping the liabilities or risks that (1) are likely to occur, and (2) if they occur, are likely to have a material adverse effect on your company.

Chemical plants generally agree to limit a service provider’s, or supplier’s, warranty obligations to the value of the purchase order giving rise to the damage. In my experience, chemical plants also generally agree to limit a service provider’s, or supplier’s, liability for damages to the chemical plant’s property. The reason a chemical plant should agree to limit your company’s liability for damages to its property is because the chemical plant is insured (or has made a conscious decision to self-insure) for such damages.

Your first step is to limit the indemnity provision to your company’s negligence. The customer should agree to limit your company’s indemnity obligations to its negligence, with one caveat. If the customer doesn’t, it is being unreasonable.

The one caveat is the customer may insist that your company’s indemnity obligations for claims asserted by your company’s employees or agents should not be limited to your company’s negligence because the customer wants to align itself with the company for purposes of availing itself to the limitations on liability in the workers’ compensation statutes. If such claims are brought as negligence claims, the customer would not be able to take advantage of the limitations on liability in the workers’ compensation But beyond that, it has been my experience that chemical plants will not agree to a cap on a contractor’s, or supplier’s, other liabilities. Chemical plants will push hard to carve liabilities for personal injuries, third party property damages, intellectual property damages and confidentiality obligations out of any cap you add to the contract. Unless you have the leverage, getting a chemical plant to cap these damages will be very difficult.

Disclaimer & Privacy: This article is for general information purposes only. Information posted is not intended to be legal advice.

Louisiana State Fire Marshal UPDATE CONTINUING CONSTRUCTION THROUGH COVID-19

BY: ASHLEY RODRIGUE, STATE FIRE MARSHAL PUBLIC AFFAIRS DIRECTOR In these times of professional and personal uncertainty, the State Fire Marshal’s Office (SFM) wants to reassure the construction industry of our partnership with you.

Despite the statewide “stay home” order issued by Gov. John Bel Edwards, in an effort to slow the spread of COVID-19, the list of critical infrastructure businesses allowed to continue includes “construction, including but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, and housing construction,” according to an addendum to the order issued by the governor’s office. Also on that list includes the occupation of construction engineers as well as functions including building management and maintenance.

Because your role in keeping our economies moving forward in the physical sense is so important, the SFM is maintaining several functions to continue to help you.

Those functions include still receiving and processing all plan review projects pending and/or submitted to our office. The plan review division is also assisting local building officials with issues related to LSUCC enforcement and permitting. and property protection systems (fire sprinklers, fire alarms, etc.) that we are alerted to through our impairment system.

On the topic of life safety and property protection (LSPP) systems, those businesses and individuals, licensed by our agency, are also considered critical infrastructure businesses and are still conducting code-required inspections on those systems, whether in new construction or an existing building. Please comply with, and advise any business owners you work with and/or for, to continue to comply with those inspection requirements as well.

Our Special Services staff still continues to receive and analyze new and renewal licensing applications for LSPP, amusement and firework/pyrotechnic industries. And any inspections of boiler systems on the books are being completed.

The SFM stands with you to keep Louisiana’s economic infrastructure moving forward in anticipation of the day COVID-19 is no longer a threat to our health, safety, and quality of life. Thank you for what you do!

In the field, our enforcement deputies are continuing to conduct final inspections on your completed construction projects, as well as courtesy midconstruction visits to assist you through your ongoing work. Our deputies are also responding to critical issues, otherwise known as red tag, with life safety

January 09: Installation Banquet 23: BRTC Fall Graduation

February 13: Young Professionals Kick-Off 13-14: Critical Issues Summit with AGC 20: SWTC FFA District Competition 20: Merit Mixer: TOPGOLF 17-20: BRTC Blood Drive

March 03: BRTC Open House 05: SWTC FFA Area Competition & Jambalaya Cookoff 1 3: Spring Golf Tournament 21 : CANCELED: Touch A Truck with Junior League

April 02: CANCELED: BRTC HS Craft Competition 09: POSTPONED: ICC/Membership Breakfast 21 : CANCELED: ABC of LA Legislative Day at the Capitol 21: ABC of LA Legislative Reception

May 07: BR Crawfish Boil 14-16: ABC of LA Fishing Rodeo 27: NEW DATE: YP Lunch 28: NEW DATE: SW Crawfish Boil June 14-18: ABC Legislative Week in D.C. 18: POSTPONED: BRTC Spring Graduation 26: SW Brunch & Learn XX: SWTC Spring Graduation

July 14: EIC 101 15: YP Luncheon 29-31 : ABC of LA State Convention

August 06: Uncommon Leadership Kickoff 17-19: NEW DATE: ABC National Convention (EIC Awards Gala, National Craft Competition)

September 18: SW Fishing Tournament 28: Fall Golf Classic

October X: Update on Labor & Employment Law 16: Annual Clay Shoot 22: BRTC Build Your Future Day XX: SWTC Build Your Future Day

November XX: BRTC Craft Competition XX: CFMA/ABC Construction Forum

December 09: Excellence in Construction Awards

19251 Highland Road • Baton Rouge, LA 70809 • 225.752.1415 • 225.751.9470 222 Walcot Road • Westlake, LA 70669 • 337.882-0204 • 337.882.6757 Register for events at www.abcpelican.org or by contacting Macie at mmorgan@abcpelican.com