Austin Construction News December 2021

Covering the Industry’s News

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Talented trio

Gutter go-getters

L-R: Construction Managers of Austin LLC’s Carol Edgerly, Rick Edgerly, and Joe Copeland

Kipp and Brooke Koeppel (with their family) launched The Brothers that just do Gutters in South Austin

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ride in their business: That was the goal Rick and Carol Edgerly set when they established Construction Managers of Austin LLC (CMA) in 2008.

They already had the experience to succeed. Rick’s journey in the construction industry started nearly 35 years ago.

Carol possessed a wealth of knowledge in real estate, mortgage loans, and accounting. Together, they were a formidable team, and they worked hard to create a general contracting company that developed a special focus on building community amenities.

MCA went from strength to strength with the addition of Joe Copeland, who joined them as an partner in 2016, and then transitioned to an owner in 2021. A

respected Senior Manager in the multifamily community industry with 22 years of experience in land development and project management, Copeland is known to oversee large projects for CMA requiring up to 125 team members at a time.

With Rick and Joe out in the field minding projects, Carol put her head for business to good use and took on the role as CMA’s administrative expert. She has worked on over 70 projects that include constructing amenity centers and entry features for private and corporate developers.

To date, the trio has 50 years of experience between them, and CMA has built almost 100 amenities in the Austin

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hanks to Kipp and Brooke Koeppel, South Austinintes can keep their minds off of the gutters.

The couple recently launched the The Brothers that just do Gutters’ South Austin franchise. The company offers leaf guards, seamless and specialty gutters, as well as gutter cleaning, fascia board and soffit.

The Koeppels are recent transplants to Austin, having moved with their three children from Charlotte, NC in August 2020. The couple met while selling newspaper advertising and have since been business partners on several ventures while working corporate jobs.

As real estate investors for the past 20 years, they purchased and rented college rentals, single-family, and multi-family

continued on Page 14

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hen Stephen Pyle and his wife Anne Marie Pyle started their kitchen and bath supply business out of their garage in 2008, it was a complete leap of faith. The economy was shifting for the worse and the couple had decided to stay put in Texas after a series of moves and career changes. When it came to naming their new venture, their strong beliefs inspired them to name it The Frog Pad Kitchen and Bath Designer Showroom.

“Because of all of the risk-taking and jumping into it, the name stands for ‘Forever Reliant On God’ or ‘Frog.’ It pretty much took off from there and you can only pray and hope that things work out – and they do,” Stephen says.

Things did work out for the womanowned business. Stephen and Anne Marie initially made up the company’s staff of two. The discounted open-boxbut-still-new appliances Stephen got through his connections proved popular with customers, and the couple tested

units. As owners of more than 35 properties, they did most of the initial painting, tiling, roofing, and landscaping updates themselves. In addition to their shared love of real estate, they are both University of Alabama grads; Brooke earned a Bachelor of Science in Business Administration and a master’s in Advertising and Public Relations, and Kipp holds a bachelor’s and MBA in Business Management.

The Koeppel’s entrepreneurial spirit and business acumen matches that of company owners/brothers Ken Parsons and Ryan Parsons. Ken left his substitute teaching job in 1999 to start his own gutter company, Waterfall Seamless Gutters. Three years later, Ryan left a dying graphic design start-up to join Ken continued on Page 14

A Frog leap of faith

Anne Marie and Stephen Pyle (center) rely on faith and family to help them in their business The Frog Pag Kitchen and Bath Designer Showroom.

that popularity one appliance at a time.

The business soon outgrew the Pyles’ garage, and they moved the business to its Lakeway location.

“From there it just kept growing,” Stephen says. “A common thread was that people enjoyed doing business with us, and referrals and references kept coming more and more as things got better. People began to ask us if we could do this or that. We learned as we grew out of the appliance-only business. We became the full one-stop shop of products that we are today, which is full kitchen and bath remodels and outdoor living from floor to ceiling.”

Today, the Pyles employ a staff of 11, which includes installers, contractors “and everyone that is dedicated to us,” Stephen says.

Supporting the Pyles in their efforts are their children and their children’s spouses. continued on Page 14

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Austin Construction News • DEC 2021

Tech wars of 2021

or the fifth year, HOLT CAT technicians went head-to-head in HOLT CAT’s Tech Wars, a friendly competition to showcase the talent and expertise of technicians across the state in troubleshooting and repairing equipment. Contestants faced off with other HOLT technicians to troubleshoot, diagnose and repair equipment. The event was held Nov. 2 – 4 at the HOLT CAT San Antonio campus.

Bill Bordelon, Vice President Service at HOLT CAT and Shaun Manning, Director of Training for ProTech were in attendance while 22 HOLT CAT technicians were scored based on the success of their troubleshooting and repairs. The two technicians with the highest scores in each category advance to the multi-dealer finals in May 2022. -cmw

Just a dream

Tech Wars Machine Division: 1st Place: Grady Trainor (Georgetown) 2nd Place: Jeremy Kaal (Cleburne) Tech Wars PSD EPG Division: 1st Place: John Leslie (Pflugerville) 2nd Place: Kelly Hebert (San Antonio) Tech Wars Holt Truck Centers: 1st Place: Randy Porter (Longview) 2nd Place: Justin Bramlet (Longview) Tech Wars PSD Engine Division: 1st Place: Joshua Poe (Cleburne) 2nd Place: Hortencio Avalos (Victoria)

Big State Electric management team members L-R: Vince Real, President/CEO; Kevin Moses, Vice President Pre-Construction and Forrest Wilson, Vice President Field Operations

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Grady Trainor

John Leslie

fter working for a few local contractors as a commercial/industrial electrician, Palmer Johnson aspired to build an electrical business with his wife, Jerry Johnson. Together, they started Big State Electric in 1966. A second business partner was involved when forming the company and was bought out during the early years of the business.

The Johnsons ran the business from 1966-2004 and had built relationships with Southwestern Bell/AT&T, Lone Star Brewery, Southwest Research Institute, and a few other small general contractors. They managed the business for many years with an office team of five and approximately 25 field personnel. During that time the business consisted of only electrical construction and service.

In 2004, the owners approached Vince Real about buying out their shares of the company. After sleeping on it, he did just that.

Real came to work at Big State in the spring of 1982 as a truck driver after leaving his rigger position for an oil company just before the oil slump. After about eight months, an interest in the electrical trade began to develop in Real, and knowing what electricians were earning on the job at the time helped spark that interest. With the approval of both the owner and the manager of Big State, Real applied to the local JATC (Joint Apprenticeship Training Center) and in the spring of ’83, Real was accepted into a class of 10 apprentices.

“The apprenticeship training director was responsible for making appointments to signatory contractors and I was directed to report to Fred Clark Electric on St. Mary’s Street where I worked for 4 years,” recalls Real. “After four years and three months of service at Fred Clark, the company was sold. The day I turned out from the apprentice school I received a call from Big State asking me to work for them as a foreman. The Big State family had made an impression on me during the short time I was previously there and it felt like the natural thing to do to return for new opportunities.”

Real ran projects for Big State as a foreman until 1997 when he was given the opportunity to work in the office as part of the management team. “To this day, I remain grateful for that opportunity. I worked in the office as a project manager/estimator for two years before being promoted to vice president in 1999.

Sometimes it seems like just a big dream.

I have surrounded myself with great people and am blessed they have continued to work here and wear the Big State brand.”

The company expanded in 2008, opening an office in Austin. In 2015, it expanded again, opening its third location

in Houston and in 2019, it expanded south, opening its fourth location in Corpus Christi. “We now have the privilege of working with a team of over 960 employees that have a hand in 180 million in sales revenue,” says Real. Over the years, Big State has added prefabrication, excavation, electrical engineering, BIM, detailing, Tele/Data, and a security division to their portfolio of services. The company office warehouse started on Euclid Street in 1967 near the old Pearl Brewery and then moved to St Mary’s Street in 2000.

Ironically, that was the old Fred Clark office location where Vince Real started working in the trade. By the spring of 2015, they outgrew the location and relocated to their current property at 8923 Aero Street near the airport. “This property was carefully selected as it has enough space and allowance for future growth,” he adds.

As Big State Electric celebrates its 55 years in business, Big State will continue to focus on growth in special systems and low voltage. They are also entertaining the idea of opening a fifth office in Texas.

“Growth is healthy for a company and creates opportunities.”

Big State’s biggest focus continues to try and instill a culture with their company family to overserve customers - never provide the minimum and always do what is right. “We believe following these values daily in everything we do will pay dividends and ensure long lasting relationships,” Real states. “Big State has a handful of clients we have worked with for over 30 years and are very proud of those connections. We want to do everything we can to make people successful.

We read a book a few years ago by Jim Collins called Good to Great. In the book he writes a metaphor about having the right people on your bus and making sure they are in the right seat. If they do not fit in any of the seats or into the culture, then get them off the bus quickly. This has stuck with me since reading it and run the company with many of his philosophies. The book is a great read and I highly recommend it to anyone wishing to sustain the many obstacles that must be dealt with year after year in a company. Lastly, we try to have a little fun and create a supportive family environment. While Big State continues to grow it has been a continuing goal of ours to run the company with a small business feel. Every employee has feelings, emotions, and a family outside the workplace. We are blessed and God is good!” -cmw

Austin Construction News • DEC 2021

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Bullridin’ & barbecuin’

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hether you’re new to the rodeo circuit, what the pros call a “greenhorn,” or an avid rodeo fan, it really didn’t seem to matter to the members of the Austin construction industry on Nov. 20 as the Associated General Contractors (AGC) hosted their Inaugural Rodeo & BBQ Cook-off at Mayfest Park in Bastrop, TX. There were 13 AGC member riders signed up for the bull riding with 21 cooking teams participating in the cook-off. Daniel Bates and Luke Skogman, both with Hensel Phelps, took second and third place, respectively, in the bull riding competition. —cmw

1st Place Ribs, 1st Place Chicken: Beck

1st Place Jackpot & 1st Place Brisket: The Nitsche Group

1st Place Bullriding: Anthony Hoppen, Talent Corps

1st Place: Mutton Bustin’

Inaugural Rodeo & BBQ Cook-off at Mayfest Park in Bastrop, TX

Inaugural AGC Bullriders

Bullfighter: David Haffelder, Regional Safety Director, Bartlett Cocke General Contractors

Matt Moeller and the Night Sights

Dillon

Derrick

Allied Electrical Serives, Inc.

Alterman

Beck

Bell & McCoy

Chamberlin Roofing & Waterproofing

McCarthy

Peabody General Contractors

Prism Electric

Red Ball Oxygen

Rogers-O’Brien Construction

SpawGlass Contractors

Chicken grillin’

Page 4

Austin Construction News • DEC 2021

Geoffrey Whittaker Owner/President MW3Associates Austin, TX

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ven from a young age, Geoffrey Whittaker has always had an entrepreneurial bent. Pair that with the valuable experience he gained as a youth helping his Chief Building Engineer dad on projects, and his future as a construction business owner was fated.

As President and Owner of interior finish-out company MW3Associates, Whittaker has experienced the highs and lows of the industry. But overall, he just feels fortunate to have enjoyed the past seven years.

Share about your background.

I was born in Grand Cayman. I was about five when I moved to the States, so very little is remembered except for all of the summers and holidays we spent there. My dad was a Merchant Marine, so we actually traveled quite a bit when I was growing up, and with him being a world traveler, that’s how we ended up in the States.

Did you express an interest in construction during your early years?

I think I did a little bit, just because of my dad’s knowledge. My dad was a Chief Building Engineer, so he always had me, a teenager, assisting him in some mechanical aspect of building. I just rolled from assisting on the engineering side and construction side and all of the aspects of the projects he had to working through doing property management for 16 years and then for the last 18 years now, I’ve had my construction business.

Share about your property management experience.

During and right after high school, I worked for the company my dad worked for, working my way up from a carpenter’s helper to bookkeeper to the full-charge bookkeeper to continuing my education.

Then I graduated and was still, at the time, a property manager. I worked for First City Texas Center and many others in the property management world.

How did you come to start your company, MW3Associates?

In 2001, I was working for Transwestern, which at the time, we were called Transwestern Commercial Services.

At that point, my mentor had acknowledged that I had taken an interest in construction. He realized that I was excelling at it, and he led me in that direction. So from 2000 to 2001, he guided me and in 2004, I jumped ship from Transwestern to a construction company with two partners. We eventually parted ways, and I started MW3Assocates in 2013 and officially January 4, 2014.

What services does MW3Associates offer?

I’m an interior finish-out contractor who has found a niche working for thirdparty management companies. My focus has always been on that because of my property management experience. As a property manager, there are certain

Geoffrey Whittaker, an avid fisherman, is enjoying some time on the lake. people that you knew that were welcomed in your building. I guess that‘s where I try to make sure that I know what the building’s needs are before I come in there and do everything.

whole, but I think there is some room for some growth. It will be a little bit interior finish-out contracting and potentially a little bit of the ground up scenario at one point in life.

Did establishing MW3Associates feel like a natural step for you given your background, or were you at all nervous?

I already knew the lay of the land. I had a minor business when I was in high school and just came up through the ranks having an entrepreneur mentality. I shouldn’t say I didn’t have the fear of taking the risk; I was willing to take the leap.

What is something most people don’t know about you?

Probably one thing that most people don’t know about me is I was a musician for many years. I’m a bass player. I played in junior high and high school bands to little garage bands. We actually toured a little bit and did some good music. The band name of the one I like to tell everybody about was “Unemployed”; we were kids. “William James Cole IV” was the blues band and the last band that I was in.

How has the company evolved since you have established it?

As a company, we have gone from the lows to the highs. I started the business in San Antonio and evolved it to Austin. During 2008, even though there were economic failures and crisises in the world, we still survived. Through that, I have seen my company go from 35 employees down to 15 during COVID. Highs and lows.

How do you keep your motivation when your company experiences lows?

I think in general, when I get together with and talk to my colleagues out there in the world, we have converstations about how businesses are in turmoil. But then, we know that it is all going to come back out.

My encouragement comes from my staff. They always tend to be upbeat, like, “It’s going to be okay, Boss. We’ve got this.” They’re always supportive; I have good people that work for me.

What lessons have you learned in the industry?

I have a real estate license, and through having that license, I learned how small the world was. Your assistant may be your boss at one point in life, so you never want to make anyone mad at you. It’s a balance that has become even harder now that we are not having as many face-to-face meetings with people.

A name is a name until all of a sudden you’re on a video call and you realize who people are.

What are your plans for the company?

The ideal situation would be a little more growth. We had a market share for what I thought was just sufficient for what we wanted to do in life as a company

What do you enjoy outside of work?

I tend to keep my family on the personal side of my life, but I do have a dog, Dude. He’s a corgi and he likes to go to work with me. He is my co-pilot all of the time! He actually goes to job sites periodically with me, too. People know me because of my dog and others know me because I am one of a few of color in the business.

I feel as if I have a lot of hobbies.

Fishing is probably the one thing I do the most. I do off-roading, sports bike riding and cruising on my Harleys. I do collect bikes. I have two cruisers and sports bikes and street bikes. I’m a collector of all sorts.

I’m that guy.

MW3Associates is in Austin. –mjm

Austin

Dude, co-pilot

L-R: Dude and office dog Daisy are ready to start the day

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Austin Construction News • DEC 2021

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All good things

Texas Traditions Roofing recently moved into a new Georgetown office.

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ood things come in threes! This fall, Texas Traditions Roofing has a trio of reasons to celebrate.

On Nov. 15, the company moved from its 2,500sf River Bend Drive location to 508 Cedar Drive in Georgetown. The 4,500sf space will better accommodate the growth Texas Traditions is experiencing.

As for employee news, the company’s Marketing Director Jacklyn Milligan was selected to lead the newly formed National Women in Roofing (NWIR) Central Texas Council. Milligan says she is honored to help the organization to recruit talent and provide the members with networking and learning opportunities.

Lastly, the company recently provided scholarships for the second year in a row to several area youth, which allowed them to participate in this fall’s recreational soccer league. Texas Traditions attended the opening weekends in September and provided bottled water for the recipients.

“We have been fortunate to have the support of the community for our business and giving back is one of the best ways we can thank our community for that support,” says Gary Emory, who founded Texas Traditions Roofing with his brother-in-law Mike Pickel.

The family-owned business offers commercial and residential services. On the commercial side, the company provides roof replacement, repair,

maintenance, and new construction. For its residential customers, Texas Traditions Roofing addresses roof replacement and handles storm, hail and wind damage.

Texas Traditions Roofing is in Georgetown. –mjm

Marketing Director Jacklyn Milligan was selected to lead the new National Women in Roofing Texas Council.

In memoriam...

Marcell Ellison, 63, passed away Aug. 30, 2021. As a RECON Services Inc. Sales Representative since the company’s establishment 15 years ago, Ellison was wellknown and loved throughout the construction industry.

Her priority was taking care of her family, which were her customers. Marcell Ellison Trade Scholarships were established through RECON Services, the National Association of Women in Construction (NAWIC) and Superior Clean to continue her legacy of encouraging others seeking a construction career. A celebration of her life was held Oct. 27. –mjm

Seeing red

Koetter Fire Protection marked Veteran’s Day by honoring those who have served and continue to serve our country. On Nov. 11, the Austin team wore red to Remember Everyone Deployed. –mjm

A celebration of culture

On Nov. 4, Cadence McShane Construction Company’s Central Texas team celebrated Diwali at the company’s Austin office. Diwali, held in the period October to November, honors the Hindu festival of lights and marks the beginning of India’s fiscal year. –mjm

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Austin Construction News • DEC 2021

Grand opening success

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obcat of Marble Falls celebrated its official opening in this hill country town on Friday, October 29 inviting guests for lunch and tour of the location.

The turnout was great, and folks had a chance to see some of the latest equipment and ask questions of Bobcat representatives.

“We are proud to be a part of the Marble Falls community,’ said Justin Harper, Regional Manager for Compact Construction Equipment, the company that owns Bobcat of Marble Falls. It’s our 12th location. This is a community we are very proud to be a part of.

“In the larger markets we tend to cater to the commercial customer but out here, we have a lot of homeowners who have acreage. We order machines that are specific to their needs. Give a little more to comfort, enclosed cab with A/C, all those types of items. It’s just really comfortable to come in to get a machine.”

The facility has been open since June 2 and Branch Operations Manager Brandon Moore was really pleased with opening events.

“We have lots of people showing up to visit and see what we have to offer. It’s a very good gathering and we have many people from Bobcat here.

“We are growing every month and getting bigger and bigger. Parts are going to play a big part in our growth. Customers won’t have to travel far to get parts anymore.”

The Marble Falls branch will service a 100-mile radius and provide sales, rental, service, and parts. -bd

Ribbon with guests and dignitaries

Rep from Virnig Attachments discussing his products with a guest

Lunch is served

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Plenty to eat and see for attendees

Lots of interest in the product lines

Design doubled

n a move designed for success, Austinheadquartered GSC Architects has acquired Mitchell Design Group in San Antonio, with the latter firm’s founder and CEO Mary Ann Alcorta Mitchell AIA RID NOMA joining GSC as Principal and Director of the San Antonio office.

GSC was founded in 1978 as Graeber, Simmons & Cowan on a foundation of predecessor firms from the 1930s. In 2010, the firm was nenamed and rebranded as GSC Architects following

the named principals’ structured retirement. With offices in Austin and San Antonio and known for LEED design, GSC offers services including design development to final construction administration on commercial, municipal architecture and interior design projects.

Principal/CEO (Architecture) Tom Cornelius AIA, Principal (Interior Design) Steven Burch RID CIDQ IIDA, and Associate Principal (Architecture) Bonny Gray AIA LEED AP BD+C.

Mitchell Design Group established a solid reputation as a woman-owned architecture, interior environment, ideation, and strategic branding agency in San Antonio. Its domestic and international work has included hospitality, chain retail, food service, boutiques, and pedestrian scale shopping center projects. –mjm Pictured: Mary Ann Alcorta Mitchell

The Resource Guide Subcontractors

Service Providers

Truck & Equip Dealers

For info: Buddy Doebbler - Buddy@ConstructionNews.net 210-308-5800

Austin Construction News • DEC 2021

Page 7

INSURANCE

ACCOUNTING Employee Benefit Plan Audits: Why they are important to You and Your Company

The Importance of a Quality Assurance Programs / Screening Downstream

Phillip Smith Audit Senior Manager Ridout Barrett San Antonio TX

Douglas J. Lynch Senior Vice President Brookstone Insurance Group Addison, TX

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mployee Benefit Plan audits, like financial statement or IRS audits, have always been an annoyance for Companies but are required for most large companies. Many Companies and Plan Administrators alike, don’t always understand the importance of having the audit of the plan performed. In this article, I will provide some information that will hopefully help you understand their importance to you as a participant and to the Company as a Plan Sponsor.

First, a brief history. The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for mostly voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans. ERISA requires plan administrators to 1) provide information to participants related to plan features such as investment offerings, vesting, benefit accrual, contribution limits, minimum standards for participation and 2) provide fiduciary responsibilities for those who manage and control plan assets.

What this means for a commercial, non-governmental entity, is that once the decision has been made by management to provide this benefit to its employees, the Company has certain obligations to those participants. They have a fiduciary responsibility to ensure the plan operates in a manner that is most advantageous to the participants. Determining the type of plan to offer (a defined contribution or defined benefit plan), investments to offer, contribution limits, company match (which can be discretionary or non-discretionary), safe harbor matches, and profit sharing contributions are all areas that require deep thought on the part of management.

These discussions can be done internally or with an outside investment advisor (which is recommended). Once the plan has been established, the Company has to decide which third party organization it wants to partner with to provide certain recordkeeping and/or trustee/custodial services. This is important to discuss and each firm provides varying array of services and platforms. Each Company should tailor their platform that best meets their needs. Once all these details have been established, it’s time to inform your employees regarding the plan and establish processes to properly account for these participant deferrals and company matches.

Once the plan has been established, the Department of Labor (DOL) requires that the plan submit Form 5500 each year for their review. There are two types of the Form 5500, the short form and the long form. The short form is required for plans that have less than 100 but no more than 120 eligible participants at the beginning of the plan year. This form is less informative than the long form and does not require an audit from an external auditor. If the plan exceeds the 120 eligible participant threshold as of the beginning of the plan year, the DOL requires the plan to have an audit performed by an external auditor.

Now, why is this information important to you as a Plan Sponsor and as a participant? Smaller plans are still required to provide its participants with yearly information regarding the plan, such as changes made to vesting requirements, investment offerings, etc. However, since small plans don’t require an audit, it is really up to the Plan Sponsor (i.e. the Com-

pany) to ensure the plan is operating in accordance with the original plan documents. This can be done with periodic reviews of plan financials provided by the trustee/custodian or record-keeper.

Management should always monitor the activity of the plan. As for larger plans that have an audit requirement, the same rules apply as small plans, except the Plan Sponsor must hire an external auditor to perform either a full-scope or limited scope audit and provide an audit report to be included with the Form 5500 submission. Determining the scope of the audit is determined by the determining if the holder of the assets (trustee/custodian) can certify that the investment transactions are complete and accurate. If that can be done, then a limited scope audit can be performed. Otherwise, a full scope audit must be performed.

For Plan Sponsors, the audit requirements are very important to adhere to.

The DOL can impose severe penalties on Plans that do not comply with these requirements. The deadline for benefit st plan audits is July 31 with and extension th to October 15 available. Should the Company fail to file the appropriate form timely, the Company can be subject to penalties up to $250,000 and jeopardize the tax status of the plan. Particularly noting, Companies should monitor the status of their plans as the Companies grow to ensure that you comply with the regulations should the plan trigger the audit requirement. It should be noted, are some exemptions to the rules for newly created plans that exceed the participant threshold.

Ultimately it is the Plan Administrator and Company management’s responsibility that the plan requirements are met and that any issues that may arise from the audits are rectified immediately to ensure that the participants are receiving the benefits they are entitled to under the plan.

For more information regarding benefit plan requirements please visit www.dol.org or you can reach out to me directly at Ridout Barrett.

Phillip Smith, CPA has over 15 years of experience in public accounting servicing companies with audit and attestation services, including over 10 years specifically working on Employee Benefit Plans. Visit www.ridoutbarrett.com for additional information about Ridout Barrett & Co., P.C., and the services we offer.

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his value of coverage is customarily a critical issue driving subcontractor pricing at the same juncture as alternative risk transfer schemes-consisting of consolidated coverage packages have grown in reputation, the typical upstream/downstream structure wherein owners and general contractors contractually require downstream entities to purchase insurance remains a commonplace approach. Smaller, less sophisticated brokerage companies or agencies, on the other hand, may not always be cognizant of changes in the coverage environment, which might include everything from identifying latent coverage concerns to particular support for the establishment of incipient legal precedent that will have an influence on policy wording construction. Meanwhile, insurers will frequently integrate a plethora of excluding endorsements to a policy.

The subcontractor’s program must be followed regardless of the subcontractor’s risk profile or knowledge.

It’s very uncommon for the GC to discover the following questionable endorsements throughout the subcontractor’s CGL policy.

• Height exclusions barring coverage for liability arising from work above three stories.

• Additional insured endorsements with privity language limiting coverage to the entity in direct contractual privity with the subcontractor, which is typically the construction manager or general contractor, rather than the owner other upstream parties listed in the contract.

• Liabilities arising from construction projects are excluded from coverage.

Keeping Track of Compliance. A breadth of work that was not expected might also be a factor.

He’s a subcontractor. When the intended risk transfer fails (i.e., a general contractor or owner is unable to obtain additional insured coverage in the face of a third-party liability claim), upstream parties are left to bear the cost of litigation and indemnifying the third-party claim, on top of the cost of bringing the claim.

All of this adds to the project’s delay and cost by pursuing the subcontractor for breach of contract.

Depending on the jurisdiction in which the GC or owner resides, the COMPANY is based in New York, for example, the state’s labor laws, along with the state’s proclivity for high JURY judgments, might result in a hefty JURY verdict.

Recent decisions have emphasized the need of subcontractor insurance.

While it may appear that the subcontractor should be responsible for ensuring that contractual insurance requirements are met, in reality, this is a duty that must be shared by all parties because failure to get enough insurance can generate major problems for upstream parties.

Because the expected risk transfer fails (for example, when a GC or owner unable to take on the risk),problem is worsened Upstream parties are saddled with the expense of coverage in the case of a third-party liability claim because the expected risk transfer fails (for example, when a GC or owner is unable to get additional insurance).

The cost of defending and indemnifying the third-party claim, in addition to the cost of filing a claim.

And, pursuing the subcontractor for breach of contract, all of which adds to the project’s delay and cost. However, like with other risk management fees, the cost reductions realized by moving risk downstream will outweigh the costs of managing a subcontractor.

For Owners and general contractors may face time and financial restrictions when it comes to insurance vetting.

Consider using this approach solely in the case of contracts worth more than a certain amount of money.

For example, if a signage subcontractor is working under schedule and budget constraints.

The scope of work may be another consideration in deciding whether to submit that subcontractor to the Collecting complete policies from subcontractors is, however, a time-consuming process. The vetting procedure should, at the very least, necessitate the submission of (1) policy statements and schedules of forms for all liability policies, (2) copies of extra insured endorsements and primary and secondary insurance policies, and (3) copies of primary and secondary insurance policies noncontributory endorsements for the principal CGL insurance, as well as (3) complete copies of excess policies which are usually written but much shorter than major policy Possessing.

The downstream entity has a vested interest in ensuring its insurance program meets the insurance requirements it has contracted to procure. Engaging in this type of exhaustive review also helps the downstream entity in the long term, as many common modifications will improve risk transfer for other projects. The vetting process should improve the performance of the subcontractor’s insurance. With appropriate preparation, a rigorous and efficient subcontractor insurance vetting program may assist achieve desired risk transfer while having little to no impact on project timing. Implementing vetting procedures has the ability to influence the standard quality of subcontractor insurance plans over time.

Brookstone Ins Group is an independent agency specializing in home builder / Construction insurance. We provide free, no obligation insurance reviews.

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Austin Construction News • DEC 2021

OSHA

LEGAL Legislative Changes to Texas Mechanic’s and Materialman’s Lien Procedures: Part Two

Proper Use of Extension and Flexible Cords Joann Natarajan Compliance Assistance Specialist OSHA Austin, TX

West W. Winter, Attorney/Managing Member The Winter Law Firm, PLLC San Antonio, TX

D

uring the 2021 Regular Legislative Session, more than 6,900 bills were filed and over 1,000 were enacted into law. Among these new laws, the 87th Texas Legislative Session implemented significant changes to Chapter 53 of the Texas Property Code dealing with mechanic’s and materialman’s liens. This article is part two of two discussing some important changes to Chapter 53. To recap, the changes made

by HB 2237 apply only to an original contract entered into on or after the effective date of the Act, January 1, 2022. Be aware that an original contract entered into before January 1, 2022, is governed by the law as it existed immediately before the effective date of the Act, and that law is continued in effect for that purpose.

Notice for Retainage Claims In part one of this article, we discussed the welcome change to Property Code Section 53.056 relating to pre-lien notices that must be given for the lien to be valid. For all unpaid labor or materials provided on commercial projects, the claimant, other than an original contractor, must send a notice of claim to the owner or reputed owner and the original contractor. The notice, in the new statutorily mandated form, must be sent no later than the 15th day of the third month after the month during which (A) the labor or materials were provided, or (B) the undelivered specially fabricated materials would normally have been delivered.

To the extent that a claim for unpaid retainage is not included in a notice provided under Property Code Section 53.056, a claimant other than an original contractor whose contract provides for retainage must give notice under Section 53.057 for a lien for unpaid retainage to be valid. Per new subsection (a-1), the claimant must send the notice of claim for unpaid retainage to the owner or reputed owner and the original contractor not later than the earlier of: (1) the 30th day after the date the claimant’s contract is completed, terminated, or abandoned; or (2) the 30th day after the date the original contract is terminated or abandoned.

The notice of claim for unpaid retainage must be in a form substantially similar to that contained within the new notice language mandated in Section 53.057(a-2). If a claimant gives this notice and files an affidavit claiming a lien not later than the 15th day of the third month after the month in which the original contract under which the claimant performed was completed, terminated, or abandoned (or otherwise complies with Chapter 53, Subchapter E) and gives the notice of filed affidavit as required by Section 53.055, then the claimant has a lien on, and the owner is personally liable to the claimant for reserved funds under Subchapter E. Deadlines for Recording Lien Affidavits It’s not enough however to simply send a notice letter. Perfection of a mechanic’s and materialman’s lien also requires that a lien affidavit be recorded with the county clerk where the improvements are located. For an original contractor on commercial projects, the lien affidavit must be recorded by the 15th day of the fourth month after the month of completion, termination or abandonment. For residential projects, the lien affidavit must be recorded by the 15th day of the third month after the month of completion, termination or abandonment. For commercial lien claimants other than an original contractor, the lien af-

fidavit must be recorded by the 15th day of the fourth month after the later of (1) the month the claimant last provided labor or materials; or (2) the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered. For residential lien claimants other than an original contractor, the lien affidavit must be recorded by the 15th day of the third month after the later of (1) the month the claimant last provided labor or materials; or (2) the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered. And notice of the recorded lien affidavit must still be sent to the owner and original contractor within five days as required by Section 53.055.

Removal of Notarization Requirement for Lien Waivers

Section 53.281(b) of the Texas Property Code has been amended to delete the requirement that statutorily prescribed lien waiver and release forms be notarized. Accordingly, notarization of statutory lien waivers is no longer required for the lien waivers to be effective. All other requirements for lien waivers remain in effect.

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he normal wear and tear on extension and flexible cords at your site can loosen or expose wires, creating hazardous conditions. Cords that are not 3-wire type, not designed for hard-usage, or that have been modified, increase your risk of contacting electrical current.

How Do I Avoid Hazards?

• Use factory-assembled cord sets.

• Use only extension cords that are 3-wire type.

• Use only extension cords that are marked with a designation code for hard or extra-hard usage.

• Use only cords, connection devices, and fittings that are equipped with strain relief.

• Remove cords from receptacles by pulling on the plugs, not the cords.

• Continually audit cords on-site. Any cords found not to be marked for hard or extra-hard use, or which have been modified, must be taken out of service immediately.

To reduce hazards, flexible cords must connect to devices and to fittings in ways that prevent tension at joints and terminal screws. Flexible cords are finely stranded for flexibility, so straining a cord can cause the strands of one conductor to loosen from under terminal screws and touch another conductor.

A flexible cord may be damaged by door or window edges, by staples and fastenings, by abrasion from adjacent materials, or simply by aging. If the electrical conductors become exposed, there is a danger of shocks, burns, or fire.

The OSHA construction standard requires flexible cords to be rated for hard or extra-hard usage. These ratings are derived from the National Electrical

Code, and are required to be indelibly marked approximately every foot along the length of the cord. Examples of these codes are: S, ST, SO, and STO for hard service, and SJ, SJO, SJT, and SJTO for junior hard service.

Extension cords must be 3-wire type so they may be grounded, and to permit grounding of any tools or equipment connected to them. When a cord connector is wet, electric current can leak to the equipment grounding conductor, and to humans who pick up that connector if they provide a path to ground. Such leakage can occur not just on the face of the connector, but at any wetted portion.

Limit exposure of connectors and tools to excessive moisture by using watertight or sealable connectors.

A ground-fault occurs when there is a break in the low-resistance grounding path from a tool or electrical system.

The electrical current may then take an alternative path to the ground through the user, resulting in serious injuries or death. The ground-fault circuit interrupter, or GFCI, is a fast-acting circuit breaker designed to shut off electric power in the event of a ground-fault within as little as 1/40 of a second. natarajan.joann@dol.gov 512-374-0271 x232

New name, rest the same

Consult Your Construction LawAttorney This article is not a comprehensive review of all the changes which have been instituted by HB 2237 and is not meant to be legal advice. As Texas lien law remains complex, please consult with your construction law attorney if you have any questions about the changes implemented by HB 2237 or the best way in which to incorporate them into your collection practices and procedures. To see the text of HB 2237 or to learn more about this legislation, please visit www.capitol.texas.gov.

West W. Winter is the founder and managing member of The Winter Law Firm, PLLC. West is the immediate past-chair of the Construction Law Section of the San Antonio Bar Association, and he has been repeatedly listed as one of the Best Lawyers in San Antonio for Construction Litigation.

The Winter Law Firm represents owners, general contractors, subcontractors, and suppliers in all phases of the construction process, from contract formation through dispute resolution, litigation, and collection. West can be reached via email: west@ thewinterlawfirm.com.

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Ken Riner

Lee Gurecky

hen Gorrondona Engineering Services Inc. celebrated its 15th anniversary this year, it gifted itself a brand new name.

As of Nov. 15, the geotechnical engineering (GEO) and construction materials testing and inspection (CMT) company will operate as Riner Engineering Inc. (RINER). President and Owner Ken Riner PE says the name change was made to facilitate future business expansion initiatives. A corporate name change only, it has no legal effect on the company’s existing contacts. Although the company’s website has changed, the phone number, shipping and billing addresses, and tax identification will remain the same.

“As our business continues to grow, we recognize additional services can be provided, and want to continue our expansion and diversify under the new company name,” Riner says.

Riner Engineering Inc. has a corporate office in Houston and additional locations in Austin, Dallas, Fort Worth and San Antonio. The company

Anahita Goudarzi

owns and operates truck-, track-, and buggy-mounted drilling rigs. It also maintains full-service soil and CMT laboratories accredited by the American Association for Laboratory Accreditation and the American Association of State Highway and Transportation Officials.

Riner Engineering Inc. employs more than 120 staff, including engineers, project managers, technicians, and support staff. Lee Gurecky PE serves as RINER’s Central Texas Area Manager and Anahita Goudarzi Ph.D PE is the company’s Austin Operations Manager.

The company has completed over 6,000 projects – ranging in size from small to large – for hundreds of publicand private- sector clients across Texas.

Notable local projects include TxDOT I-35 at Oltorf in Austin and Lone Star College CyFair Campus in Cypress. While the company’s services will remain unchanged initially, RINER plans to add more in the future.

Riner Engineering Inc. in Austin offers geotechnical engineering and construction materials testing. –mjm

Austin Construction News • DEC 2021

Page 9

Hunting South Texas Brush Country

by Capt. Steve Schultz

O

ne of my favorite pastimes as a child is growing up hunting in South Texas. It was a hobby that we enjoyed as a family and was our way of taking advantage of the outdoors and spending time together. Today, I still enjoy the outdoors, working as a fishing guide from February thru October and run guided hunts from November through January.

I’ve had the good fortune to hunt South Texas on numerous well-known large ranches. The mesquite brush, ranching heritage, and ghost-like whitetails make it a destination to remember. I also enjoy the balmy temperatures and have relished in the challenge of hunting deer that rarely give you a second look when you jump them. If you hunted in South Texas, you know exactly what I’m talking about.

Only one state holds the title for the birth of modern whitetail hunting – Texas. Texas whitetail deer hunting is synonymous with deer management. Whitetail management, food plot innovations, hunting products, and calling strategies all can be traced back to the Lone Star State. Have you had luck rattling in whitetails? Give some credit to innovative Texas hunters. Does your food plot attract a nightly herd of whitetails? Thank a Texan. It’s also the birthplace of quality deer management and a hunting destination you should enjoy at least once during your hunting career. There’s nothing like Texas whitetail deer hunting!

Cary Hughes came down to one of our South Texas ranches and shot this heavy long tine 8-point buck which scored 150”

Trevor Boatright had a great hut with Steve Schultz Outdoors harvesting this beautiful buck which scored 164”

These days hunting leases can be very costly and unpredictable. Much time and money must be spent building a herd of deer to be qualified as trophies.

The alternative is purchasing a package hunt from a reputable outfitter. I offer various whitetail hunting packages for deer ranging from 130-in. to over 200-in.

Before closing, I would like to wish everyone a Merry Christmas and Happy New Year. I would also like to thank all my clients who have fished with me in the years past. Another shout out is to all my sponsors that help make my job better throughout the year. If you are searching for the perfect gift for the outdoors person in your family, I offer gift certificates for your convenience. Give me a call and I

can set one up on a moment’s notice.

I have already started to fill the calendar for the upcoming 2022 season.

Don’t wait ‘till all the good dates are gone! To schedule your next bay fishing or hunting trip give Capt. Steve Schultz a call at 361-813-3716 or e-mail him at: SteveSchultzOutdoors@gmail.com.

Good luck and Good Fishing.

Sponsored by Waypoint Marine/Waypoint Customs, Shoalwater Boats, Mercury Marine, Shimano Reels, E-Z Bel Construction, Costa Sunglasses, Simms Fishing, ForEverlast Fishing Products, PowerPro, Interstate Batteries MirrOlure, JL Marines Power-Pole, AFW and AFTCO Clothing

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Austin Construction News • DEC 2021

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 the radio as follows: The Great Outdoors: 5-8 am Saturday on 1300, The Zone, Austin and The Great Outdoors: 5-7 am Saturday on 1200 WOAI San Antonio The Sunday Sportsman: 6-8 am Sunday on 1300, The Zone, Austin All on iHeart Radio

Deer Camp Christmas!

I

know we are all looking forward to a more normal Christmas this year after what we have all been through the last several months. So many of our holiday traditions had to be canceled and changed during the worst of the pandemic. I hope we all get to have a much safer and happier holiday season this year!

I know in my family over the years we would follow our holiday traditions year after year with very little variation. It was Grandpa’s job to head out in the jeep, usually with kids to go cut down a big cedar tree to act as our Christmas tree.

When we got back to the house, we almost always had to cut off three or four feet of it to get it in the living room. Then it was Grandma’s job to supervise the decoration of the ree. Put the star on top, wind the colored light strings around it and stand back an let the kids decorate.

The old timey special things went on the tree last under Grandma’s watchful eye.

No matter what that tree looked like to begin with, it was always beautiful in our eyes. By Christmas morning, since there were so many of us, there would be a mountain of gifts piled beneath its branches, and I’ll never forget those days.

One particular year though, we did things different. I’m not sure why things changed because I was too young to know why adults did anything. That year

we had Christmas at the Deer Camp!

Looking back, I wonder if this was about the time we lost Grandpa, and we just couldn’t get into the spirit.

Long story short, we all met at the Deer Camp for Christmas. Someone cut down a thorny little mesquite tree and that became our Christmas tree. The thorns worked great to spear colorful gum drops on. We strung popcorn garlands for the tree in our little fallen oak fort outside, happy to know the birds would pick up the crumbs. We made paper chains and snowflakes and tinfoil ornaments and covered the twiggy little tree. That year we had an old timey Christmas in our old dirt floor deer cabin.

There was of course all the good holiday favorite foods and loud football games on the radio, and we kids had plenty of room to play with our gifts without running over anybody.

I have enjoyed many Christmas celebrations, and they kind of blur together as I look back, but that one Deer Camp Christmas is one that I’ll never forget! I hope that whatever hardships and changes you may have been through since the pandemic hit, you will keep the traditions you can and forge new ones too.

Merry Christmas!

Now, back to fishing! Here on Lake Buchanan, we are seeing the stripers and hybrids finally start to feed well again.

Their bite will just get better the colder it gets. Catfish are going strong on rod and reel and jug lines and trotlines. The white bass are biting, and the crappie are picking up as well. Winter fishing is picking up so the fish can be ready to spawn in the spring.

If you want to add a family fishing trip to your holiday traditions, just give us a call!

Merry Christmas from CONSTRUCTION NEWS

Austin Construction News • DEC 2021

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Page 11

Catching up

he ladies at Hill & Wilkinson General Contractors recently lined up for the company’s annual ladies’ fishing trip. On two separate weekends, the gals got away to Pottsboro, TX to catch their fill of fish as well as catch up on their bonding and relaxation. –mjm

Fish fulfilled

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hat a day for a bay dream! DCA Construction employees traveled to Matagorda Bay for the company’s Annual DCA Construction Get Hooked 2021 Fishing Trip. The outing, which was held at Bay City’s Run-N-Gun Adventures, included several clients and DCA’s Project Managers and Superintendents.

“The weather on Saturday morning started out wet, but once the rain passed over us, the fishing turned up a notch!” Jason Smith of DCA’s Business Development says.

With limits on redfish and speckled trout, some also caught back drum and even hooked a couple stingrays, which were released back into the bay.

“A huge shout our to our Owner, Randy Don Carlos, for putting this together,” Smith says. “It’s something we look forward to every year!” –mjm

L-R: DCA Construction Project Manager Bob Hunolt, Business Development Jason Smith, and Project Manager Jason Young

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Austin Construction News • DEC 2021

Destined to design

Industry FOLKS Walker Smith Project Estimator

Chamberlin Roofing & Waterproofing Austin, TX

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F

Christy M. Bowen

or more than two decades, Christy M. Bowen CMKBD UDCP has been bringing to life clients’ dream kitchens and bathrooms. After earning a design degree from the University of North Texas in 1998, she began her career in the Dallas Design District designing for a high-end cabinetry dealership offering turn-key kitchen and bath remodeling services. Her next few years were spent as an editor and liason for an exclusive custom cabinetry firm assisting designers throughout New England with luxury kitchen, bathroom, and auxiliary space designs.

In 2009, Bowen founded Twelve Stones Designs LLC in Austin, providing design and materials selections for remodels, new construction, and room addition projects. She has since earned local, regional and national awards, most recently with team member Realty

Restoration LLC; the duo was NARI’s 2021 National/Regional CotY Award Winner, Residential Kitchen in the $60,001 to $100,000 category.

“I believe every client knows what they want; they just don’t always know how to articulate it,” Bowen, a certified kitchen and bath specialist, says. “With my specialized expertise and technical knowledge, I am able to translate and conceptualize their vision in a way that accommodates their needs while delivering the desired aesthetic.”

Bowen gives back to the community through her memberships with National Association of the Remodeling Industry’s (NARI) Austin chapter and the Texas Hill Country National Kitchen and Bath Association (NKBA) chapter. She also currently serves as President of Austin NARI.

Twelve Stones Designs is in Austin. –mjm

alker Smith relishes competion in pretty much all areas of his life.

“I grew up around sports,” Walker explains. “I was a four-year letterman in high school, starting as a freshman at Corpus Christi Carroll. I ended up getting a scholarship and playing football for the Oklahoma State Cowboys. Anything and everything I do – even if it’s washing the dishes with my wife – I have to win!”

So, when the Associated General Contractors’ (AGC) Austin Chapter announced its Nov. 20 rodeo BBQ cookoff, he volunteered to represent his employer, Chamberlin Roofing & Waterproofing, in the bull riding category.

Incidentally, Walker had never ridden a bull – just horses – but that didn’t matter.

‘I was like, “If y’all are going to do this, I’m in!”’ he says. “But, if I’m going to do it, I’m going to do it correctly.”

To prepare, Walker attended Gary Leffew’s Bull Riding School in Uvalde, TX, which is known for churning out champion bull riders. Walker turned out to be a natural.

“I was told that I broke a record.

The old record was 11 bulls in three days, and I bucked 19 in that span,” Walker says. “I just kept getting on!

When I commit to something, I’m 100% into it.”

Eight seconds is how long riders must stay on the bull in the competition. One would expect him to be nervous, but he says it’s butterflies and excitement.

Walker Smith

“It’s about controlling your mind and body and countering every movement that the bull does. You have to be mentally there. It can be very overwhelming, especially if the bull is acting up in the chute before you nod your head to open the gate. The most important thing I’ve learned is the mental toughness and the fortitude to know you have to make a good ride.”

Walker has fortitude in spades: He and his wife Alex are parents to nearly 3-year-old twin boys, Southern and Strait, whom he calls his “pistols.” His second full-time job is working as a Project Estimator for Chamberlin’s waterproofing side. The role, which he has had for a year and a half, “fits me to a tee because it’s competitive!” he says.

When he’s not riding bulls, corralling sons, or estimating projects, Walker is an avid outdoorsman.

“I love conservation, and hunting,” Walker, who earned a bachelor’s in Petroleum Geology, says. “I’m the State Campaign Chairman for Texas Ducks Unlimited, which I’ve been involved in since my college days. I do it so Southern and Strait can harvest the same ducks I grew up hunting.”

After the rodeo, will bull riding continue to be a part of his life?

“I’m not sure. My wife would probably like it if my bull riding days are over because it is so dangerous and violent, but there is another bull riding camp in December …” –mjm

Austin Construction News • DEC 2021

Page 13

Association Calendar

What is your ideal Christmas gift to yourself?

Content submitted by Associations to Construction News ABC Associated Builders & Contractors

Dec. 2: ABC Central Texas Holiday Party, High Five Entertainment, 2700 W. Anderson Ln., 5-8pm. For more info, contact Bryan Bisgard at 512-719-5263 or email bbisgard@abccentraltexas.org ACEA Greater Austin Contractors & Engineers Assn.

Dec. 9: December Membership Meeting, Norris Conference, 2525 W. Anderson Ln. #365, 11:30am. Register online at https:// aceatx/events/events-calendar. For more info, contact Silvia Pendelton at 512-8937067.

AGC Associated General Contractors

Dec. 7: Holiday Party, Driskill Hotel, 604 Brazos St. Dec. 13: AGC Diversity & Inclusion Holiday Happy Hour, Antonelli’s Cheese House, 500 Park Blvd., 4-6pm. For more info, contact Toni Osberry at 512-442-7887 ASCE American Society of Civil Engineers Texas Section

Dec. 14: ASCE Virtual General Meeting, Speaker & Topic TBD,11:30am-1pm. For more info, go to www.texasasce.org CTSA Central Texas Subcontractors Assn.

Dec. 14: Holiday Dinner at The Oasis on Lake Travis, 6550 Comanche Trail. For more info, contact Wendy Lambert at 512-255-6373 NAMC National Assn. of Minority Contractors

Dec. 2: NAMC Greater Austin Chapter – Get to Know, Hossley Power & Lighting Solutions, 220 S. Congress #200, 4:30-6:30pm.

For more info, contact Samuel Blango at 512290-8512 or email namcaustintexas@gmail. com NARI National Assn. of the Remodeling Industry

NAWIC National Assn. of Women in Construction

Dec. 3-4: NAWIC , South Central Region Fall Conference, InterContinental New Orleans, 444 St. Charles Ave., New Orleans, LA. Dec. 11: Block Kids, Austin Girl’s Scout Facility. For more info, email austinnawic@ gmail.com RCAT Roofing Contractors Association of Texas

Dec. 8: AARCA Christmas Party, Potosi Live, 897 FM 1750, Abilene, TX, 6-8pm. For more info, contact Sarah Burns at 512-2517690 or email rcat.admin@rooftex.com SEAot Structural Engineers Assn of Texas

Dec. 9: Virtual Monthly Meeting. For more info, call 512-301-2744 TSPE

Texas Society of Professional Engineers

Dec. 1: Monthly Meeting, Maggiano’s Little Italy, 10910 Doman Dr. #100.

11:30am-1pm. Early Bird Member $30, Non-member $40, Government Official or Full-time student $20; Walk-up Registration Member/Non-member $40, Government Official $25. For more info, call Claire Black at 512-472-9286 or email Claire@tspe.org TXAPA Texas Asphalt Pavement Association

Dec. 1-2: TxDOT Letting Dec. 9: Partners in Quality Meeting, Wichita Falls Dec. 17: Asphalt Road-eo, 10-11:30am.

For more info, contact Kelli Mofie or email kmofie@texasasphalt.org USGBC U.S. Green Building Council

Dec. 9: USGBC Texas Holiday Networking and Strategic Outlook, Location TBD, 5:307pm, Registration + Donation $15. For more info, contact chapter@usgbctexas. org or call 214-571-9244

Dec. 2: Mingle & Jingle with Builders FirstSource & NARI, BMC Design Center, 2106 Denton Dr., 5-8pm. For more info, Kayvon Leath at 512-997-6274 or email kayvon@ austinnari.org s

Submitted to Construction News

Round-Up

I feel I have everything right now with my wife and my kids. A lot of people think being rich means having a lot of money, but I feel I’m the richest man in the world with my family.

Walker Smith, Chamberlin Roofing & Waterproofing I would say having my family together, because we’re all spread out throughout the world; one is in France, the other is in Cayman. My mom and dad are getting older, which I didn’t really realize until just recently, so my ideal gift would just be getting everyone together.

Geoffrey Whittaker, MW3Associates I would give us more time with our family and our grandchildren. That is a gift that keeps on giving! We have two grandchildren at the moment and hope to have more someday. We love to spend time with them!

Stephen Pyle, The Frog Pad Kitchen and Bath Designer Showroom My ideal Christmas gift to myself would be two new ground up projects.

Trevor Spring, Chalk Line My ideal Christmas gift to myself would be a strong Q4 start so I can coast around the holidays!

Mark Mann, Tree Mann Solutions LLC That’s a tough one, because I usually don’t want anything for Christmas; we always just try to do for the kids and family, but I suppose the ideal holiday gift for me would be to have all our kids home and under one roof for a couple days, and of course their boyfriends and girlfriends and possibly pets, too.

My wife and I will celebrate 12 years of marriage on Nov. 25 and we have five

kids between us. I have three stepchildren, one daughter from a previous relationship, and we have one daughter together. Our older kids are all grown, graduated from college, and gainfully employed and spread out across Texas and California.

I know it makes my wife happy to have them all here and at home, even if it’s just for a couple of days until they have to get back to their lives and making their own memories.

It’s good to hear all the noise in the house that comes from a full house. The laughter, the plans being made for upcoming events, Elvis Christmas music in the background with a football game on the TV on mute. There’s your ideal holiday gift.

And if they all chipped in and surprised me with a new BBQ pit or even new socks, well, that’s just the icing on the cake!

Jason Smith, DCA Construction I’d like to gift myself (and Kipp) a weekend in Fredericksburg. We haven’t been in Austin long to explore much of the area, and we’ve heard that is a fun, quick getaway to wineries, breweries, and German restaurants.

Brooke Koeppel, The Brothers that just do Gutters I would like to have all of the family together to meet my new 2-month-old grandbaby. My stepson and daughter-inlaw live in Denver, NC. I would like to have the opportunity to go out there and spend time with them. I have been shopping before he was even born. I am Grandma Blank Check!

Judi Telenko, Construction News

The club was hoppin’

White Construction Company announces the following: Brad Barber has been promoted to Director of Corporate Interiors. Barber, who has worked for WCC for a decade, will lead a team of interiors professionals in the growth of the company’s interiors practice. Barber holds a Bachelor of Science in Construction Management from Louisiana State University.

Colin Frame has been hired as a Project Engineer. A recent Texas Tech University graduate with a bachelor’s degree in economics, Frame will work on The University of Texas Blanton Museum’s Building and Grounds Improvements. – mjm

Balfour Beatty US announces the following new hires: Bret Hall has been hired as Operations Director, Special Projects in Austin. Hall, whose previous experience includes preconstruction and operations, will oversee all interior/special projects in Central Texas, including corporate office, critical facilities, healthcare, higher education, hospitality, K-12 and municipal work. –mjm

Mark Didway has been hired as the Operations Director, Large Projects in Austin. Didway will oversee all large projects in Central Texas, including corporate office, healthcare, higher education, high-rise, and hospitality work.

Didway will also collaborate with local and Texas division leaders to drive operational excellence and best practices. –mjm

Service Tech in Cedar Park announces the promotion of Haley Hines to Project Coordinator Manager. Hines joined the company 18 months ago and served as Executive Assistant to Founder Chris Pearson as well as Project Coordinator. Hines will lead a team of five project coordinators supporting more than a million dollars of production per month. –mjm

The golf at Wolfdancer Golf Club was in full swing on November 4th as the Associated Builders and Contractors of Central Texas members competed in the ABC Golf Tournament. –mjm

Page 14

Austin Construction News • DEC 2021

Five economic and environmental benefits to recycling construction and demolition material

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ccording to the Environmental Protection Agency (EPA), the United States creates 600 million tons of construction and demolition debris yearly. In 2019, Texas sent over 7.5 million tons of construction and demolition debris to landfills taking up valuable space with material that should have been recycled or reused.

The City of Austin requires construction and demolition recycling.

Here are five local economic and environmental benefits of reusing construction material.

1. Conserves landfill space According to the Texas Commission on Environmental Quality (TCEQ), construction and demolition debris accounted for over 21 percent of the total waste taken to landfills in Texas in 2019. It is the second-largest waste stream in Texas after municipal waste.

Recycling or reusing construction debris can expand the lifespan of regional landfills and help reduce the long-term expense to the community of maintaining existing landfills and building new ones.

2. Creates jobs and stimulates the economy The economic impact of recycling and reuse industry within Austin created over 6,300 jobs and $1.1 billion in overall activity in 2018. Contractors can help create jobs by donating or recycling construction and demolition materials.

Taking the time to recycle and reuse building material helps support an economy in which these materials can be utilized rather than disposed of or burned.

3. Tax deductions Building owners can choose to deconstruct a building instead of demolishing it. Contractors salvage materials and channel them back into the marketplace.

There are tax benefits for building owners who donate materials to qualified organizations. These deductions may offset the extra cost of the deconstruction project. The after-tax value of the donated building materials is typically about 35% of the total appraisal. Tax benefits are dependent on the type and condition of the building and materials, etc.

There are several factors to remember when claiming a tax deduction. The organization must need the donated materials. Building owners must also know the fair market value of the materials. An item or group of similar items of the donated property will need an appraisal if they are worth more than $5000.

4. Preserves natural resources Reusing and recycling construction materials means we can conserve natural resources.

The Texas Department of Transportation (TxDOT) uses about 1 million tons of recycled concrete annually. By reusing these materials for road construction, TxDOT reduces the needs for harvesting natural stone and reduces landfiil waste.

5. Reduces harmful emissions

Hydrogen sulfide gas is a problem in landfills that contain construction debris.

This gas forms when bacteria react with gypsum found in drywall. Recycling drywall can reduce health risks and unpleasant odors the gas creates.

TxDOT says that by using recycled concrete, they reduce greenhouse gas emmissions by 46,000 metric tons of carbon dioxide each year. That’s the same as driving 31,542 passenger vehicles for one year.

Learn more about the City of Austin’s Construction and Demolition Recycling ordinance or find a list of reuse organizations and recycling facilities at austintexas.gov/cd.

continued from Page 1 — Construction Managers of Austin LLC (CMA)

CMA was ready to help after Hurricane Harvey

area. Among the services it offers are delegating responsibility, design collaboration, as well as construction, budget and schedule planning.

CMA’s notable projects include Fairhaven, Westhaven, and Lively Ranch in Georgetown, Bryson in Leander,

Wildleaf in Liberty Hill and Austin Collision Center. CMA, which is National Standard General Building Contractor (A) certified, also serves the San Antonio region.

Understanding that amenity spaces are meant to provide enjoyment for communities for years to come, CMA’s priority is to build practical, functional structures that will stand the test of time.

It’s a strategy that has earned them repeat business over the years and strong customer relationships.

The company gives back to the community as well, whether that community be near or far. In 2017, CMA participated in the clean up efforts for Rockport after Hurricane Harvey, spending days in the catastrophe-struck city.

With a strong team base, CMA has built the most amenities in the Austin area and will continue to help Austinites and San Antonians live their best life in Central Texas.

Construction Managers of Austin LLC (CMA) is in Austin and also serves San Antonio. –mjm

continued from Page 1 — The Brothers that just do Gutters

Co-owners and brothers Ryan and Ken Parsons

in his venture. The siblings’ partnership was meant to be temporary, but Ryan caught the gutter bug and became coowner in 2004. The company name changed twice – once in 2006 to Waterflow Gutter Solutions, and finally to The Brothers that just do Gutters in 2014 (the name stuck from the company’s radio ad, which was a customer favorite). Boasting multiple locations – with six in Texas and two in Austin – the Parsons say they are excited the Koeppels have joined the team.

“Kipp and Brooke’s team-building experience, work ethic, entrepreneurial spirit, and leadership will serve them well at The Brothers that just do Gutters as they grow their franchise team of clientfocused installers, solutionists, and backoffice personnel. They look forward to providing a five-star experience to their clients in the Austin area.”

The company motto, “Reinventing Contractor Service,” is based on the core values The Brothers that just do Gutters have continually used to build their relationships with the clients they have serviced throughout the years. The motto comes from the idea of being a five-star contractor and priding themselves on the client experience they provide.

Kipp says, “Communication is key and a focus of our business. We answer the phone, show up on time, and will provide on-site estimates in our territory, regardless of job size and location, which our customers really appreciate.”

In addition to focus on clients, they understand the importance of investing in employees. All installers are professionally trained and OSHA certified and follow a career development plan called The Success Ladder, which defines tasks and trainings to encourage career progression.

The Koeppels, for their part, are ready to get into some gutters. Their South Austin territory extends from Horseshoe Bay and Marble Falls to Bastrop and Buda.

“Kipp and I are so excited to be a part of this amazing company and team,” Brooke says. “We’re ready to take the best care of everyone in South Austin – give us a call!”

The Brothers that just do Gutters is in South Austin. –mjm

continued from Page 1 — The Frog Pad Kitchen and Bath Designer Showroom “My daughter and son-in-law live in College Station; he’s a contractor so he is family and a customer as well. My son and daughter-in-law live here in Austin, and my son is more of the networking/social media/tech guru of the group. My daughter-in-law is on the event planning side so she puts things together with groups and foundations,” Stephen says.

The company strives to strike the right balance of work, play, and philanthropy.

“The work and play part is that when people come in, you want to see their dream come true. The project, in their mind’s eye, will become even more enhanced. It’s executed and finished and they’re just elated and extremely satisfied,” Stephen says. “The other part is we do cooking classes in our showroom.

People often come in and we put on a cooking class every month with a professional chef.

“We also do a lot of philanthropic work,” he adds. “Recently we did something for CC4C, an organization for moms whose children are disabled and have health issues. The moms don’t often

get a break from the stress, so we took them away for a night, cooked for them, got them out of their day-to-day element, and gave them time to decompress.”

In addition to running a business they enjoy, they also love to spend time with family, and hope to strike a balance there, too.

“With two wonderful grandchildren in our lives right now and hopefully more to come, we look forward to spending a lot of time with them,” Stephen says.

“With that in mind, we want to be able to continue to enjoy the level of business that we do and the pace of business and the growth. We’ll be adding people to our organization that can really run the day-to-day part of the business, so we can manage it and can be working on our business rather than in the business as much as we do. Also, with the right opportunities, we’ll be able to emulate our business model and do it in different markets and grow in that manner, too.”

The Frog Pad Kitchen and Bath Designer Showroom is in Lakeway, TX. –mjm

Austin Construction News • DEC 2021

Page 15

Many thanks!

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he Austin-area construction industry found many ways to share – and show – their gratitude this Thanksgiving. Whether it was breaking bread together at the company potluck or helping those in need (or both!), being together was especially special this year. –mjm

Engineering firm Garza EMC LLC gathered for an early Thanksgiving celebration.

Panache Development and Construction donated food for a local Thanksgiving food drive.

Cumby Group in Austin served meals at Community First Village.

Lauren Concrete enjoyed a turkey feast together.

Texas Materials and Texas Concrete celebrated the season with a Thanksgiving potluck at the Cedar Park office.

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Austin Construction News • DEC 2021

Austin Energy District Cooling Plant #3

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he recently completed Austin Energy District Cooling Plant #3 was several years in the making.

Design for the 10,000-ton design-bidbuild project, located at 812 Electric Drive, began in June 2015 with construction starting in July 2018. The .595-acre project site encompasses a 10,332sf chiller building, a 6,826sf footprint onsite and a 3,500sf cooling tower enclosure.

EEA Consulting Engineers was hired as the prime design firm for the project and provided project management and MEP design services. Overseeing the project were Design Team Project Manager John Makar PE, Mechanical Engineer Mark Mikulin PE, Electrical Engineer Mike Gath PE, Architect Phil Reed FAIA, Structural Engineer Stephanie Tsen PE and Civil Engineer Candace Craig PE.

During design, the design team had bi-weekly meetings with the owner and their operations staff to ensure design requirements were understood and integrated into the design.

“On the off weeks, we met as a design team to coordinate among the disciplines after progressing with our individual designs,” Makar says. “The process of checking in with the owner more frequently as the project progressed, more so than the design deliverables really helped to ensure the owner was satisfied with the design of the plant. During construction, we had weekly meetings with the design team,

L

ast August, The Artisan at James Avery Plaza, located at 6300 183 Toll Road, became the latest jewel in Cedar Park’s crown. DCA Construction was contracted to construct the new 38,600sf structure for James Avery, which included site development along with a hybrid steel/CLT structure designed by Michael HSU Office of Architecture.

The process of crafting The Artisan at James Avery began in Feb. 2020, with DCA Superintendent Alan Owrey and Project Manager Mark Baker overseeing construction. The project utilized a hybrid steel/CLT structure. The exterior of the building boasts heavy use of Corten Steel custom panels, honed limestone and plaster.

The project is constructed using a steel structure with CLT for the decking material in lieu of more common construction methods in the area.

The project started prior to the COVID 19 pandemic but was briefly put on hold until summer of 2020.

Construction resumed and the pandemic actually changed the portion of the project that was planned to be a call center into a retail store. DCA completed the interior finish out of the new retail store with the delivery of the office space.

Supply chain issues did create the need to provide temporary doors in order to get James Avery open as planned.

Despite the challenges, a goldstandard result was achieved.

“DCA, Michael HSU Office of Architecture, and James Avery are very proud of this project,” DCA’S Jason Smith says.

DCA Construction is in Austin. –mjm

EEA Consulting Engineers was the prime design firm and provided project management and MEP design services for the Austin Energy District Cooling Plant #3.

owner and contractor to ensure the same level of communication throughout construction. This helped us get ahead of potential issues and made sure everyone was on the same page.”

Makar notes several challenges on the project’s design side.

“One of the most challenging aspects of the design were the constraints imposed on us based on the size and shape of the site, as well as code requirements and city mandates,” Makar says. “Examples of this are the fact that we had to design the site to contain a 20ft. fire lane while the site is only about 65ft. in width, as well as limiting the

height of most of the structures on site to about 40ft. due to the City of Austin’s Capital View Corridor ordinance. In addition, we were limited on where we could excavate due to the underground utilities in the area and had noise level restrictions in order to be good neighbors.

There were also several challenges on the construction side, with change orders, weather, labor shortages, COVID restrictions, etc.”

This project integrated quite a bit of off-site construction.

“All pump systems were manufactured offsite and tested on skids before they were transported to the site

and installed,” Makar says. “In addition, much of the piping systems were fabricated offsite in sections before being transported on site and assembled. The design also utilized a combination of stainless-steel wall and roof panels, anodized aluminum fins for the cooling tower enclosure, and glazed terra cotta tiles to prevent any corrosion based on potential exposure to the chemicals that are used in the condenser water system.

These design elements are intended to last 75 years or more.”

This project is unique in many ways.

Specifically, several physical constraints made design and construction difficult.

“Because this plant is part of a district chilled water loop, it needed to be located near the piping infrastructure to supply chilled water to the loop. Since the city already owned the land that was used for the project, the design team had to find a way to make a 10,0000-ton chiller plant fit on less than .6 acres. In addition, because the plant was in downtown Austin, we were asked to design it in such a way that it would not only fit in but be something that truly brought pride to the city.”

EEA Consulting Engineers in Austin offers mechanical, electrical, and plumbing engineering design as well as commissioning services. –mjm

EEA Consulting Engineers Austin, TX

The Artisan at James Avery Plaza

DCA Construction was contracted to build a new 38,600sf structure for The Artisan for James Avery Plaza.

The construction of the 38,600sf hybrid steel/CLT structure began in February 2020 and was completed last August.

DCA Construction Austin, TX

Austin Construction News • DEC 2021

Page 17

The Uplands, Austin, TX and Clayborne-Frakes, San Antonio, TX

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stablished in March 1987, Carpet Management has been installing quality commercial flooring for some of the most recognized companies in San Antonio, Austin and South Texas.

They furnish and install carpet, V.C.T., L.V.T. sheet vinyl, wood, ceramic tile, granite, cork and rubber commercial flooring. Through the years, they have had the privilege of furnishing and installing The Alamo Dome, AT&T Center and many more ground up hotels and tenant renovations.

By 1989, Carpet Management expanded into Austin at the request of Charter Management, whom they had been doing business with in San Antonio.

Overnight, Carpet Management was handling 27 commercial buildings. Carpet Management was honored to have been awarded the flooring for The Uplands project in Austin, TX this past year.

The Uplands is a 124,081sf ground up project. Carpet Management installed Stone Source Courtaud Gris 12-inch by 24-inch limestone on the lobby floors and stairs. They were also tasked with installing Stone Source Noveldo Crème 24-inch by 24-inch limestone on the two-story accent wall front, side and back. Restroom accent walls in 12 restrooms were tiled with Alkusari Stone Triangle 8x8x1/2-in tile. The Uplands project was completed in 12 weeks.

Claybourne-Frakes was a tenant improvement project in San Antonio for the Carpet Management team. With no obstacles to overcome, the Carpet Management completed their scope of work in five days.

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or Alliance Builders, demolishing the previous tenant space and finishing out The Lash Lounge in Cedar Park was typical. However, the Alliance Builders’ team’s preparation for and response to the project’s challenges was not.

Superintendent John Marshall and Project Manager Jacob White knew supply chain issues were affecting most of the nation’s construction projects. At the project’s beginning last July, their team proactively communicated this to client, Noelle Boyle, updating her on the project throughout the process.

“From our first contact with the client, we communicated that there would be supply chain and shipping challenges, and we worked with the client and architect/engineers to mitigate those delays as much as possible. That means being aggressive early,” White says. “As soon as the client signed a contract with us and several weeks before the city had approved the permit, we turned in the required submittals and then ordered and paid for everything required for the project.

Most of the Inexpensive finishes for the floor, lower wall panels, wallpaper, decorative ceiling panels, front desk and displays were sourced from MDC Interior Solutions and Spark Franchise Solutions.

Nearly every item experienced delay.

“Some of the wall coverings were no longer available, so we immediately worked with the client and franchisor to find alternate materials and purchased those,” White says. “Buying everything at the beginning requires being willing to spend time and money up front, which frankly is something that most GCs avoid

Granite flooring, Clayborne-Frakes lobby

The Uplands lobby

Carpet Management had Travertine slab customized into a 15” X 21” X 1” S-Ripple design and installed as an accent wall.

This stone was custom made which took approximately three weeks to have made. Emser Silver Cream Versaille unfilled 18-inch by 18-inch Travertine was installed in all of the offices,

while installing granite on the lobby floor and as a border in the conference room with Nova Comprido Cherry 12-inch by 36-inch cork flooring as an insert.

“We look forward to many more upcoming years of projects to come,” says Carpet Management President Steven Goltzman,” -cmw

Clayborne-Frakes conference room

The Uplands, Austin, TX and Clayborne-Frakes, San Antonio, TX

The Lash Lounge Whitestone Blvd.

Alliance Builders demolished the previous tenant space and finished out the new space for The Lash Lounge.

doing. We recognize that these are unique times, and we utilize a large line of credit to jump start our projects aggressively. We incur some cost on the interest, but that cost is insignificant compared to keeping our business and our client’s businesses moving forward.”

The HVAC equipment arrived just in time due to the early order, but most of

the lighting package and several decorative plumbing fixtures had still not arrived when needed.

“We discussed this ahead of time with the client and were ready with a Plan B: installing the temprorary lighting throughout the space and temporary sinks so that we could pass all inspections and the business could open. This had

The design utilized inexpensive finishes that produced a stunning aesthetic.

minimal cost – none of which was charged to the client – and allowed the business to open nearly six weeks earlier.

We planned to return at the end of November to install the spec’d lighting and decorative sinks once they finally arrived. In the meantime, the client is happily booked to capacity and cashflowing.”

Alliance overcame each challenge to ensure inspections were passed and a certificate of occupancy was obtained.

“Our company is built to take care of clients exactly like Noelle: we met with her on site every Tuesday, sent her a progress report every Friday, and kept her constantly aware of the schedule.”

This was Alliance’s first Lash Lounge project, but not be their last. They also just began construction on a Crumbl Cookies next door to the Lash Lounge.

“We ended the project with a happy client, happy architect, happy landlord, and happy subcontractors. I don’t know how a construction project could end better,” White says. “Noelle has two more locations coming to Austin and has already stated she plans to partner with Alliance Builders again, as well as referring us to other business onwers with upcoming construction. We’ve also been referred by the franchisor to another Lash Lounge franchisee for an upcoming Dallas location, and we look forward to becoming a good Texas partner for the entire Lash Lounge organization.”

Alliance Builders is in Austin. –mjm

Alliance Builders Austin, TX

Page 18

Austin Construction News • DEC 2021

Big fish to fry

Fall: Not just a season

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utting the fun in “fundraising” was the goal of Greater Austin Contractors & Engineers’ 2021 Fish Fry Fundraiser. At the Oct. 28 event, ACEA members enjoyed live and silent auctions, dinner, a raffle and raised money for their organization. –mjm

Good souls

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To remind employees to stay safe on the job this winter (and always!), Keystone Concrete and Yates Construction invited FallTech to Austin’s Tesla Facility for a Nov. 18 safety training. –mjm

hen Wurzel Builders heard about Hungry Souls’ impact on local families affected by food insecurity, the company hosted a fundraiser. The Nov. 18 event raised enough to sponsor food for eight school campuses, purchase ten convertible refrigerator freezer units, with extra to feed hungry children. –mjm

Maintain the train

Taking the edge off

National Apprenticeship Week was celebrated Nov. 15-19, but TDIndustries Inc. celebrates every Tuesday! Twelve apprentices are trained weekly through its Austin apprenticeship program, led by Training Specialist Gary Lambert. Plumbing classes are coordinated with the Construction Education Foundation using NCCR curriculum. –mjm

The Edge Electric team took some time away from the Buda office to enjoy a family fun day at Georgetown’s Reunion Ranch Event Venue. Awards were presented to members who exemplified the company’s core values in 2021. –mjm

Lapping it up

A good season to smile

The McCar Companies team enjoyed a great weekend at the United States Grand Prix in Austin. The group spent Oct. 22, 23 and 24 in a cabana suite on Turn 13 supporting the Formula 1 event. –mjm

The team at LandCare LLC’s Austin branch are all smiles as they celebrate the season’s end with a party and group photo. –mjm

Austin Construction News • DEC 2021

Page 19

Working those costumes!

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he week before Halloween was “Bring your chills to work” and employees donned new boo-niforms to celebrate the occasion! For costume inspiration, workers dug up references from pop culture, humor, or relied on tried-and-true classics – and some made their pets or children a part of the look. The result was creepy, kooky, mysterious, spooky, and altogether ooky! –mjm

Rogers-O’Brien

Lone Star Capital Bank’s Marble Falls branch

Lone Star Capital Bank’s Austin branch

GSC Architects

Westward Environmental

WGI

Cornerstone Architects

Cornerstone Architects

Hellas

The Burt Group

Texas Mutual Insurance Company

Page 20

Austin Construction News • DEC 2021