South Texas Construction News December 2015

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The Industry’s Newspaper CONSTRUCTION CONSTRUCTION South Texas continued on Page 14 continued on Page 14 continued on Page 14 Getting in The Groove Buildings are for people Innovative indeed PRSRT. STD. U.S. POSTAGE PAID DALLAS, TX PERMIT #1451 P.O. Box 791290 San Antonio, Texas 78279-1290 Change Service Requested www.constructionnews.net H (210) 308-5800 H Volume 3 H Number 12 H DECEMBER 2015 San Antonio Dallas/Fort Worth Austin Houston South Texas Texas Style Covering the Industry’s News Merry Christmas N egrete & Kolar Architects began in 2003 when David Negrete and Roger Kolar , architects who have practiced in south and central Texas for more than 30 years, combined forces. The firm has offices in Austin and Ed- inburg. When Kolar retired in 2011, Negrete’s wife, Diana, bought Kolar’s remaining shares and became a partner. She han- dles human resources and accounts pay- able. “After Roger retired, we reorganized as Negrete & Kolar LLP ,” David says. In Edinburg, established in 2012, there are three fulltime employees, but David says he is evaluating recruitment of talented, passionate people. “I’m always looking to find passion- ate and intelligent people,” he says. “The rest can be taught. The most difficult short- and long-term issue is to have the right personnel in line with what we are doing.” Edinburg office senior project man- ager Andres L. Mata has been with Ne- grete since the beginning. “He is a critical element in making ev- erything work,” Negrete says. The firm handles a variety of work for local school districts, such as Edinburg, McAllen and Mission ISD’s, as well as mu- nicipal work for the cities of McAllen, Mercedes and Edinburg, among others. They’ve had seven on-call projects on the L-R: Fernando Perez, Andres L. Mata and Esteban Zamora staff the Edinburg office of Negrete & Kolar LLP. I nnovative Block, located in La Feria, is a one-stop shop for all things mason- ry, says president Charles Mueller . Other than that, the company has several areas that really do make it inno- vative. “We have a really high-tech German machine that makes some of the best block in the country,” Mueller says. “We’ve also been instrumental in getting a lot of concrete recycling going in this area.” Mueller founded the company in 2004 in partnership with Tom Peterson Construction. “We’re kind of a large distribution company,” Mueller says. “Our main cus- tomers are McCoys, Home Depot and all the big contractors around here. We sell a lot of aggregates, all sorts of cement, concrete.” Most of that product goes into walls and fences, Mueller says. The company acts as a general contractor on some jobs. “One of our more recent endeavors was paver installation for TxDOT and oth- er big municipalities,” he said. “We are actually the contractor. We manufacture pavers as well as block. It’s easier to get your paver specs if you are in charge of the job.” His business philosophy is simple. “We try to be competitive on price and provide really good service and a Employees get ready to roll out with a new day’s loads. G eneral contractor and business owner Lou Menendez and his wife Valarie turned an existing 1,200-sf building into an exciting new restaurant experience for the Texas Gulf Coast/Rockport area. The project, The Groove Restaurant, took about eight months to complete, opening in December 2014, and cost $200,000. “A comfortable inviting warm vin- tage boutique style environment is what our goal was,” Menendez says. “We be- lieve that we hit the nail right on the head. Something different than what ev- eryone else had. I personally general contracted the entire project and physi- cally performed the majority of the work myself, except for the electrical and plumbing.” Menendez started with the demoli- tion of the interior walls, floor and ceil- ing. The existing 8' roof was removed and was reframed with a raked roof ta- pering from 8' in the back of the building up to 12' in the front. “I wanted an open rafter, natural wood look with no insulation exposed above,” Menendez explains. “The solu- tion was to install a rigid insulation that was installed on top of the roof and un- der the finished roofing material.” All new electrical, plumbing and in- sulation was installed while the walls and floor we're exposed. “A clean open kitchen concept was a must, especially because of the 5,000-lb wood fired oven that we incorporated,” he says. “I wanted the wood fired oven to be the focal point so that all of our cus- tomers could view and be intrigued by the wood fire cooking up meals from Neapolitan-style pizzas, as well as some of our fresh fish and lobster.” The vintage look of The Groove sets it apart from anything else in Rockport.

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Monthly publication covering the construction, design and engineering industries from the Coastal Bend through the Rio Grande Valley of Texas.

Transcript of South Texas Construction News December 2015

Page 1: South Texas Construction News December 2015

The Industry’s Newspaper

™CONSTRUCTIONCONSTRUCTIONSouth Texas

continued on Page 14 continued on Page 14

continued on Page 14

Getting in The Groove

Buildings are for people Innovative indeed

PRSRT. STD.U.S. POSTAGE

PAIDDALLAS, TX

PERMIT #1451

P.O. Box 791290San Antonio, Texas 78279-1290

Change Service Requested

www.constructionnews.net H (210) 308-5800 H Volume 3 H Number 12 H DECEMBER 2015

San AntonioDallas/Fort WorthAustin Houston South Texas

TexasStyle

Covering the Industry’s News

Merry Christmas

Negrete & Kolar Architects began in 2003 when David Negrete and Roger Kolar, architects who have

practiced in south and central Texas for more than 30 years, combined forces. The firm has offices in Austin and Ed-inburg. When Kolar retired in 2011, Negrete’s wife, Diana, bought Kolar’s remaining shares and became a partner. She han-dles human resources and accounts pay-able. “After Roger retired, we reorganized as Negrete & Kolar LLP,” David says. In Edinburg, established in 2012, there are three fulltime employees, but David says he is evaluating recruitment of talented, passionate people.

“I’m always looking to find passion-ate and intelligent people,” he says. “The rest can be taught. The most difficult short- and long-term issue is to have the right personnel in line with what we are doing.” Edinburg office senior project man-ager Andres L. Mata has been with Ne-grete since the beginning. “He is a critical element in making ev-erything work,” Negrete says. The firm handles a variety of work for local school districts, such as Edinburg, McAllen and Mission ISD’s, as well as mu-nicipal work for the cities of McAllen, Mercedes and Edinburg, among others. They’ve had seven on-call projects on the

L-R: Fernando Perez, Andres L. Mata and Esteban Zamorastaff the Edinburg office of Negrete & Kolar LLP.

Innovative Block, located in La Feria, is a one-stop shop for all things mason-ry, says president Charles Mueller.

Other than that, the company has several areas that really do make it inno-vative. “We have a really high-tech German machine that makes some of the best block in the country,” Mueller says. “We’ve also been instrumental in getting a lot of concrete recycling going in this area.” Mueller founded the company in 2004 in partnership with Tom Peterson Construction. “We’re kind of a large distribution company,” Mueller says. “Our main cus-tomers are McCoys, Home Depot and all

the big contractors around here. We sell a lot of aggregates, all sorts of cement, concrete.” Most of that product goes into walls and fences, Mueller says. The company acts as a general contractor on some jobs. “One of our more recent endeavors was paver installation for TxDOT and oth-er big municipalities,” he said. “We are actually the contractor. We manufacture pavers as well as block. It’s easier to get your paver specs if you are in charge of the job.” His business philosophy is simple. “We try to be competitive on price and provide really good service and a

Employees get ready to roll out with a new day’s loads.

General contractor and business owner Lou Menendez and his wife Valarie turned an existing

1,200-sf building into an exciting new restaurant experience for the Texas Gulf Coast/Rockport area. The project, The Groove Restaurant, took about eight months to complete, opening in December 2014, and cost $200,000. “A comfortable inviting warm vin-tage boutique style environment is what our goal was,” Menendez says. “We be-lieve that we hit the nail right on the head. Something different than what ev-eryone else had. I personally general contracted the entire project and physi-cally performed the majority of the work myself, except for the electrical and plumbing.” Menendez started with the demoli-tion of the interior walls, floor and ceil-ing. The existing 8' roof was removed

and was reframed with a raked roof ta-pering from 8' in the back of the building up to 12' in the front. “I wanted an open rafter, natural wood look with no insulation exposed above,” Menendez explains. “The solu-tion was to install a rigid insulation that was installed on top of the roof and un-der the finished roofing material.” All new electrical, plumbing and in-sulation was installed while the walls and floor we're exposed. “A clean open kitchen concept was a must, especially because of the 5,000-lb wood fired oven that we incorporated,” he says. “I wanted the wood fired oven to be the focal point so that all of our cus-tomers could view and be intrigued by the wood fire cooking up meals from Neapolitan-style pizzas, as well as some of our fresh fish and lobster.”

The vintage look of The Groove sets it apart from anything else in Rockport.

Page 2: South Texas Construction News December 2015

Page 2 South Texas Construction News • Dec 2015

Reaching for the top

A topping out ceremony for the City of McAllen Performing Arts Center was Oct. 22. The project team con-

sists of City of McAllen, owner; Spaw-Glass, general contractor; and ERO Ar-

chitects, architect. When complete, the four-level PAC will total 93,471 sf and seat approximately 1,800 spectators. –cw

Reaching the highest point called for a topping out ceremony

Superintendents Rocky Poovey, Wade Lollar, Bobby Miller,Todd Henningsen and Hermilo Morales

The SpawGlass team

A group of Port Isabel High School students listen to a presentation fromManuel Hinojosa, local architect at Rike - Ogden – Figueroa – Allex Architects in McAllen and former Port Isabel City manager. Hinojosa discussed careers in architecture in order to find out which students are interested in the field, and

who would like to be mentored. –cw

Mentoring availableSubmitted to Construction News

An incorrect photo of Mike White, Texas Construction Association, appeared with his Focus column in October 2015. Construction News regrets the error. –cw

Correction

Mike White

The staff of Construction News was sad-dened to hear about the death of James Rodriguez, Easy Drive San Antonio vice president, on Nov. 21. James was a vital part of and longtime friend of the con-struction industry in Texas. A complete obituary will appear in the January issue of Construction News.

James Rodriguez

Page 3: South Texas Construction News December 2015

CONSTRUCTION NEWS

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Publisher . . . . . . . . . . . . . . . . . Buddy DoebblerEditorial/Production . . . . . . . Reesa Doebbler Managing Editor . . . . . . . . . . . . .Cyndi WrightAdmin . . . . . . . . . . . . . . . . . . . . . . . Lacie CortezProduction Manager. . . . . . . . . . Sue JohnsonMarketing Director . . . . . . Leslye HernandezSales Representative. . . . . . . . . Kent Gerstner

San Antonio • Austin • Dallas/Fort WorthHouston • South Texas

Cyndi Wright, South Texas Editor: [email protected] 210-308-5800

South Texas

The South Texas Construction News (ISSN #2327-4670) is published monthly by Construction News Ltd., dba South Texas Construction News, and distributed by mail to construction related companies in the South Texas area. All submissions should be mailed to our editorial offices. We reserve the right to edit any materials submitted. No fees for materials, copy or photographs submitted will be due unless agreed upon in advance in writing. Submissions will be published at our discretion on a space-available basis. Construction News, Ltd., dba South Texas Construction News, will not be liable for errors in copy or in advertisements beyond the actual cost of space occupied by the error. Publisher reserves the right to reject any advertisement at any time.

If you are a construction-related companyin Aransas, Atascosa, Bee, Calhoun, Cameron, DeWitt, Dimmit, Frio, Goliad, Hidalgo, Karnes, Kenedy, Kleberg, LaSalle, Live Oak, Maverick,

McMullen, Nueces, San Patricio, Starr, Victoria, Webb, Willacy or Zavala county and are not

receiving a free copy of the South Texas Construction News, visit our website.

South Texas Construction News • Dec 2015 Page 3

Neverending storiesEngineers up!

Civil engineers from across Texas gathered Sept. 30-Oct. 2 in San Marcos for the 2015 Texas Civil En-

gineering Conference (CECON). –cw Award winners were:

Award of Recognition and HonorRegion 6 Governor: Nancy S. Cline, PE Honors AwardsJohn N. Furlong, PE (Dallas)Donald E. Willhouse PE (Austin) Government Civil Engineer AwardMichael D. Talbott, PE (Houston) Professional Service AwardLawrence D. Goldberg, PE (Houston)Henry C. Leighton, PE (Bastrop)

Professional Service to Students Award Alexis A. Clark (Austin)Sean P. Merrell, PE (Dallas) Service to People Award Joe R. Zimmerman, PE (Houston)John A. Focht Jr.

Citizen Engineer Award William Todd Thurber, PE (Houston)

Outstanding Civil Engineering Achievement Award2015 OCEAWest 7th Street Bridge City of Fort Worth – TxDOT 2015 Award of MeritManor Expressway Toll Road Phase IICentral Texas Regional Mobility Authority

L-R: Joe Alvarez, Naismith Engineering, Corpus Christi; Anthony Luce, Brown & Gay Engineers, Frisco; Crespin Guzman, executive director at Texas Section ASCE, Austin; and Fabian Herrera,

Brown & Gay, Dallas/Ft. Worth Photos by Annemarie Glasser and Ramon Mejia

Brian Bresler, Freese and Nichols, Corpus Christi, and a friend figure out the dance steps.

www.constructionnews.net

Three days didn’t seem like nearly enough time. But somehow it was, and hundreds crammed their social

calendars full of parties, tours, education-al sessions, a 200-exhibit design expo, an awards ceremony and even a TEXO-sponsored after party. “STORIES,” the Texas Society of Ar-chitects’ (TSA) Convention & Design Expo, was held at Dallas’ Kay Bailey Hutchison Convention Center (and at various landmarks throughout the city) Nov. 5-7. Design professionals from the Lone Star State and beyond came to net-work and stay current on the latest in ar-chitectural products and services. Attendees were also treated to de-lights only the BIG D could deliver. TSA arranged for tours of several prominent landmarks, including the Sixth Floor Mu-seum and Old Courthouse, the Nasher Sculpture Center and Reunion Tower. -mjm

Hylda Rodriguez

SpawGlass Texas Masonry Council

Armko Inc.

Professional Flooring Supply Acme Brick

DuPont Tyvek

Page 4: South Texas Construction News December 2015

Page 4 South Texas Construction News • Dec 2015

Specializing in Industrial Scrap Metal& Container Service

We buy Aluminum, Brass, Copper, Iron, Stainless Steel,Steel, Brass & Radiators

2300 Frio City Rd. 210-927-2727 www.monterreyiron.com

Alfonso Soto of Terracon and his wife Veronica attended South Texas College’s A Night with the Stars Fundraiser at the Corinthian Banquet & Special Event Center in Mission.

The event raises funds for the Valley Scholars Program, which provides educational opportunities, mentoring and scholarships to academically talented students. –cw

Extending a handSubmitted to Construction News

Year-end tax planningincludes keeping fingers crossed for Extenders BillWilliam M. Gerhardt III, J.D., LL.M.Padgett, Stratemann & Co., L.L.P.San Antonio, TX

Businesses and their tax advisors are once again gazing into a crystal ball and pondering whether to

make certain year-end business decisions based on their tax consequence. Congress has hampered tax

planning for individuals and businesses since 2010 when it began extending expiring tax cuts and deductions for one or two-year periods, sometimes even retroactively.

This year is no different as many tax provisions are currently expired, but there has been some progress in Congress on an Extenders Bill for 2015. If passed, popular business deductions such as 50% bonus depreciation (currently expired) and Section 179 expensing limits of $500,000 (currently at $25,000) with a $2 million overall investment limit would be extended to the 2015 taxable year. Although nothing is certain, an Extenders Bill is expected, so keep your fingers crossed. In any event, traditional tax planning practices continue and start with looking at the big picture. How is 2015 going to end up and what kind of growth or revenue is expected in 2016? Your answer will determine whether to accelerate income or deductions before year-end or defer the same into next year. If a high tax bill is expected for 2015, accelerate deductible expenses, purchase supplies, and consider repairing equipment and vehicles before year-end. To lower current taxable income and shift it into 2016, delay billing notices so that payment won’t be received until early next year (cash method businesses), or delay product shipments or providing services until next year (accrual method businesses). Alternatively, if a higher tax bill in 2016 is anticipated, a business should consider strategies to accelerate income and defer its deductible expenses. Fixed asset strategies should be reviewed to estimate how year-end purchases may increase deductions. Generally, a full half-year’s depreciation is available on depreciable property purchased and placed into service during the tax year. However, if more than 40% of the year’s purchases are placed into service in the last three months of the year, the mid-year convention is triggered and less depreciation deductions can be taken on these end of the year purchases. A de minimus safe harbor exists for expensing small purchases that cost no more than $500 or $5,000 per item or invoice, with the higher threshold only available to businesses that have certified audited financial statements.

Of particular interest to property construction companies and engineering or architecture firms performing services for real property projects is the Section 199 deduction for production activities. The deduction equals 9% of the lower of qualified production activities income or taxable income without regard to the deduction. The deduction is capped at 50% of W-2 wages allocable to the domestic production gross receipts. Businesses and their owners have also learned that the additional 3.8% net investment income tax applies not only to personal investment income or gain, but also to income from a business in which the tax payer is a passive participant, i.e. members of a LLC or shareholders of a S corporation who do materially participate in the business activities. Looking into the future, there appears to be little appetite for wholesale changes to the Internal Revenue Code prior to the presidential election. However, some legislation in 2015 did impact future tax preparation and compliance. The Surface Transportation Act of 2015 will move up the deadline to file partnership returns to March 15 and move back the deadline to file C corporation returns to April 15 starting for 2016 taxable year returns that are due in the spring of 2017. The Bipartisan Budget Act of 2015 contained a couple of important tax provisions. The most far-reaching tax change eliminates the TEFRA unified partnership audit rules and the electing large partnership rules effective for returns filed for partnership tax years beginning after Dec. 31, 2017 (but generally electable earlier) and replaces them with streamlined partnership audit rules. Businesses should consult with their tax advisors early and often to make sure tax strategy is part of their year-end planning. William M. Gerhardt III, J.D., LL.M. Taxation, is a tax consultant at Padgett Stratemann & Co., L.L.P. He can be reached at 210-253-1670 or at [email protected].

Smart-money use ofnon-business timeKirk Quaschnick, PresidentMogul Wealth Strategies LLCMcKinney, TX

Success in the construction industry often depends on the ability to manage our time well. Whether

scheduling meetings, doing the books, or training new people, successful business owners know that every day is a calculated race against the clock.

But what about non-business time? That has a dollar value, too. How you use your free time is a determining factor in the quality of life you enjoy. That’s why some people can work 70 or 80 hours a week, yet still manage to participate in a highly rewarding home life. Meanwhile, others see leisure time as an opportunity to channel surf the television and fall asleep on the couch.

We spend time, just like we spend money We can waste time, just like we can waste money. Ask yourself, “How can you get the best value from your non-working time?” Evaluate how to best use time from the following:

• The pleasure factor. This can override all other considerations. If you enjoy planting shrubs or building a new kennel for the dog, go ahead. If not, you might be better off hiring someone to do the work for you, and instead put in a few extra hours in the business or spend more time with your family.• The dollar-value-of your-time factor. This is a hard-cash tangible based on how much your time is worth. If your work time is worth $120 an hour, your leisure time is worth the same. So, if you don’t really enjoy the task of cutting the lawn, hire the neighbor kid to do it for $25, and go to a ball game or take the dog for a walk in the park.• The convenience factor. In spite of the cost, it is sometimes better to hand over the receipt shoe box to a CPA rather than do your own taxes; to call the plumber rather than fix that leaky faucet yourself; or to tote home carry-out rather than spend an hour making dinner.• The guilt factor. This is perhaps the most powerful reason we end up doing things we’d really rather not do. Since you are in this industry, you are talented enough to do most tasks by yourself. The tendency to feel guilty because someone is mowing your lawn while you are out playing ball is natural. Prioritize what’s most important to you and be a good steward of your time - let others help you with that.

Beyond dollars We are often so caught up in what we do that it consumes us. If we don’t learn how to break away, we risk never fully enjoying the fruits of our labors. So:

• Learn how to relax. Many in the construction industry don’t feel comfortable out of “business mode.” So we try to do work at home. Try learning to be more than just a businessperson; it will be fun and will make you fresher and more focused at work.• Plan your leisure activities, just as you do with business. Map out your day off to include a little yard work, watching your daughter’s softball game, and an hour pure relaxation. • Don’t bring work home or on vacations. Leave the briefcase in the car. Encourage customers not to contact you at home. If you force yourself to get all your work done before you leave, you’ll get more done on business time, like getting ice cream if you finish your veggies. One of Zig Ziglar’s most famous quotes is, “Treat every day like it’s the day before vacation…” I believe this quote, if taken to heart, can make you more productive than ever before.

If you’re like most business owners in the construction world today, you work hard putting in long hours each day doing what you do best. One of the rewards should be a comfortable lifestyle; make sure you take the time to enjoy it.

Kirk G. Quaschnick, CLU, ChFC, ARPC, is the president and co-founder of Mogul Wealth Strategies, LLC in McKinney, TX. Since 1992, Kirk has helped his clients in financial, business, and estate planning, as well as financial advising, investment advisory and wealth management services to business owner executives and individuals. For additional information on the information or topic discussed, please contact Kirk at 214-420-7152, or email him at [email protected].

Page 5: South Texas Construction News December 2015

South Texas Construction News • Dec 2015 Page 5

Fore fun!

Associated General Contractors (AGC) Rio Grande Valley Chapter finally got to head out to the

greens after two weather delays for the 2015 Fall Classic Golf Tournament. The games were played at Treasure Hills Golf Course on Nov. 3. –cw

Winners:1st place – Nestor Martinez and Benny DeLeon, Martinez Drywall2nd place – Alfonso Soto and Caleb Gar-cia, Terracon Consultants

First Place, Nestor Martinez and Benny DeLeon, Martinez Drywall

3rd place – Raymond Givilancz and Noel DeLeon, TNT Crane & RiggingBlind Draw – Ramiro Garza, TNT Crane & RiggingDAL – Edward Ramirez and Albert Garcia, CAPAClosest to the Pin#7 – Humberto Garcia Sr.#17 – Sam UribeLongest Drive #8 – Albert Salinas#16 – Jeff Scoggins

He’s a winnerSubmitted to Construction News

Debbie Montez, executive director of American Institute of Architects (AIA) Corpus Christi stands with Aaron Jarrett, the chapter’s scholarship winner. –cw

Imagine you are a painting subcontrac-tor arriving at a job site to find that a drywall subcontractor left a mess the

previous day. This could be dangerous for your crew that must now, for example, set up ladders on top of drywall dust, but you don’t have the authority to order the drywall subcontractor to clean up the site. Only the general contractor can do that. If this were you, you might be ap-preciative of a general contractor that strives to keep construction sites safe and clean to avoid incidents like this one. When 2,400 subcontractors in Texas were asked by the Texas Construction As-sociation (TCA) Safety Group which gen-eral contractor does the most to keep job sites safe, they chose D.E. Harvey, a divi-sion of Harvey-Cleary. As a result, the company was honored with the first-ever General Contractor Job Site Safety Award, which was awarded at a meeting of the TCA Board of Directors on Oct. 28. “I’m honored that we received this award from our contractors, but I’m not

King of safety

surprised because our safety program is second to none,” says Jason Beers, direc-tor of Harvey Builders. “We want every individual worker to go home safe to their families so they can come back the next day and provide for them.” The TCA Safety Group is a workers’ compensation insurance safety group written by Texas Mutual Insurance Com-pany. This is the first General Contractor Job Site Safety Award ever presented by the group. Gina O’Hara, a vice president at Anco Insurance and master agent of the TCA Safety Group, said she wants to see it become a coveted annual award. “We want to bring focus to messy worksites because subcontractors were having lots of trips, slips and falls stem-ming from poor cleanup of job sites,” she said. “It falls back on the general contrac-tors to monitor their own work sites and the subcontractors who voted to honor Harvey with this award felt that they do it better than most.” –cw

L-R: Raymond Risk, president and CEO of the TCA Safety Group; Gina O’Hara, vice president of Anco Insurance and master agent of the TCA Safety Group; Rick Segura (holding award),

senior safety manager at D.E. Harvey Builders; Jason Beers, director, D.E. Harvey Builders and Brian Chester, executive vice president of United Mechanical and TCA chairman.

HAPPY HOLIDAYS!

Can a GC sue an architectfor bad plans?Kyle Zunker, AssociateCokinos, Bosien & YoungSan Antonio, TX

A general contractor wins a bid and starts on a project only to find that the architect or engineer’s plans

and specifications contain numerous errors. The plans require 50, 60, or 70% revision and the general contractor’s costs skyrocket. Can the general contractor

recover from the architect? Last summer the Texas Supreme Court said no. After this summer, it is not so clear.

In Martin K. Eby Construction Co. v. LAN/STV (350 S.W.3d 675), Dallas Area Rapid Transit (“DART”) awarded Eby Construction Co. (“Eby”) a contract to construct a portion of a light rail. LAN/STV, a joint venture, prepared the plans and specifications for the bid documents. After encountering delays and increased costs, Eby sued LAN/STV for negligence and negligent misrepresentation. The jury and court awarded Eby $2.25 million. LAN/STV appealed. LAN/STV argued the economic loss rule prevented Eby from recovering against LAN/STV. LAN/STV’s argument was that Eby’s damages were benefit-of-the-bargain damages (i.e. lost profits on its construction contract), instead of out-of-pocket costs (which are not precluded by the economic loss rule). The Dallas Court of Appeals rejected LAN/STV’s argument, and held that Eby’s delay damages were out-of-pocket costs. The economic loss rule does not prevent recovery of out-of-pocket costs, so Eby could recover against LAN/STV. The Texas Supreme Court took up the case and said the true issue was “whether the [economic loss] rule permits a general contractor to recover the increased costs of performing its construction contract with the owner in a tort action against the project architect for negligent misrepresentations―errors―in the plans and specifications.” The Court held the economic loss rule prevented Eby’s recovery and the Court reversed. The Court noted that on construction projects there are many parties involved, and that the parties should rely only on their contracts and insurance to recover their economic losses. Meanwhile, there was a similar case in the Texas courts. In CCE, Inc. v. PBS & J Construction Services, Inc. (461 S.W.3d 542), the Texas Department of Transportation (“TxDot”) hired PBS & J Construction Services, Inc. (“PBS & J”) to draft engineering plans and specifications for a new road. TxDot awarded the general contractor work to CCE, Inc. (“CCE”). After an erosion problem arose due to alleged defects in the plans and specifications, TxDot placed CCE in default and CCE incurred costs in hiring a subcontractor to complete the project.

CCE sued PBS & J for negligent misrepresentation. The trial court awarded judgment in favor of PBS & J. CCE appealed. The Houston Court of Appeals held that CCE’s costs in hiring a subcontractor to complete the road were out-of-pocket costs, not benefit-of-the-bargain damages. Therefore, CCE’s costs were not precluded by the economic loss rule. As such, the court reversed the trial court’s judgment. The facts of CCE and Eby appear similar. Given that the Texas Supreme Court overturned Eby, one would think the Court would overturn CCE. However, the Court did not. Instead, the Court withheld judgment. The Court first explained the Eby holding: “the economic loss rule barred a general contractor from recovering delay damages from a project architect with which it did not contract.” Then the Court said that the arguments in CCE are “best addressed by the trial court on remand.” It is unclear why the Texas Supreme Court handled the CCE case differently than the Eby case. One interpretation is that CCE shows contractors can still have claims against architects for negligent misrepresentation, if the damages are out-of-pocket expenses. Eby makes it clear that delay damages are not considered out-of-pocket expenses and cannot be recovered. However, following CCE, it is not clear which costs would be considered out-of-pocket costs that a contractor could recover from an architect under a negligent misrepres-entation cause of action. Stay tuned for clarification from the courts as to which costs, if any, a contractor can recover from an architect for negligent misrepresentation―i.e. errors―in plans and specifications. Kyle Zunker is an associate of Cokinos, Bosien &Young, a full service law firm with offices in Houston, San Antonio, Dallas and Austin. For more information on our services, please visit www.cbylaw.com\____________________________1 Special thanks to G. Stewart Whitehead, William R. Allensworth, Matthew J. Sullivan and Will W. Allensworth for their presentation and paper on this topic at the Basic Course in Construction Law, Nov. 12-13, 2015, Austin, Texas.

Page 6: South Texas Construction News December 2015

Page 6 South Texas Construction News • Dec 2015

Danny BoultinghouseAIA, Principal

Boultinghouse, Simpson, Gates Architects

McAllen, Texas

A real ghoul timeSubmitted to Construction News

Associated General Contractors South Txeas Chapter’s (AGC-ST) Young Contractor’s Council hosted its first Halloween Mixer on Oct. 29 at Rockit’s Whiskey Bar & Saloon. It

was a great turnout and networking opportunity. Front row, L-R: Derek Buck, Ram Tool & Supply; Charlie Rutherford, CMC Construction Services; Mandi Sauve and Colette Rye, South Texas AGC; Robert Morris, STBP Inc.; Mike Munoz, Beecroft Construction;

back row, L-R: Jason Skrobarczyk, Fulton Coastcon Construction; Chris Cuellar, Cherish Ruddick and Chris Ramsey, Pinnacle Roofing; and Sean Walker, Fulton Coastcon

Construction. –cw

Danny Boultinghouse was raised to believe he could accomplish whatever he set out to do.

With a quirky view of the world and a great sense of humor, Boultinghouse’s advice to future possible architects is pretty straightforward: If you are going into architecture for the money or ego…forget it. If you want to make a difference and leave this earth better than when you came into it and feel good about it…go for it. But be prepared for a long jour-ney, it is a test of endurance.

Where did you grow up? I grew up in a small rural community, Calallen, Texas. Now, it’s large and part of Corpus Christi. I graduated from Calallen High School. There were 28 in my senior class. I said it was small!

In high school, did you play sports? I was a four-sport letterman. I played basketball, baseball and tennis, ran track and was in FFA (Future Farmers of Ameri-ca).

Tell me about your home life and fam-ily. While I was growing up, my father worked in a refinery, before that, agricul-ture. Mom stayed home and took care of me. I was raised to believe that I could ac-complish anything if I wanted it bad enough. No boundaries. I had two older brothers, the closest was 15 years older than me, which means I had three fathers watching out for me! We were a very close family. Both of my brothers are deceased, as well as my parents - leaving me the patri-arch over nieces and nephews. We are

still a close family. My mother had an independent pio-neer spirit that she passed onto me. My brother had people skills, which I learned from him. When did you know you wanted to be an architect? I didn’t think about being an archi-tect until my second year in Junior Col-lege. I found that the typical read, listen, memorize and regurgitate the answers on an exam required of most degree paths was boring. And for me, 2+2 shouldn’t always have to equal 4. In architecture, the cre-ative side says that 2+2 can equal 6 or 8 or anything my imagination wants it to be. It just seemed to fit my persona bet-ter. As has been said: not coloring be-tween the lines. I have always subscribed to “think and question everything” and as Robert Frost put it: ”Take the road less traveled by…” So, I traveled through five more years in architecture school and graduated from the University of Texas – Austin.

Were you involved in any sports or other activities in college? No outside activities, Architecture school was (is) a full time job.

Architecture is one of those fields that are called “over-populated,” as far as job options and opportunities. That didn’t stop you - why? Cheeez, no one told me that until it was too late!

What did you do after you graduated? After graduation, I joined a small firm in Corpus Christi that had an office in Lar-edo. Three years later, I was dispatched to McAllen to establish the third office for that group. I stayed with the firm for 14 years, got the itch, resigned, went into seven years of sole proprietor private practice. In 1990, I merged with Bob Simpson who was in a similar practice.

In those years, what had you learned about your career? My career path taught me that to be successful, you should surround yourself with folks better than you and treat them like family. I still find it somewhat interesting that in 1972, three years out of architec-ture school, very new to the profession, married only four years with a 1-year-old kid, that I made the decision to move to an area that I knew very little about to start a regional office for an established firm. What were those guys thinking? What was I thinking?

It seems to have worked! Tell me about your family. My wife of 47 years, Nancy, is retired as the marketing director for the McAllen Economic Development Corporation. We have one daughter, Wanza, mar-ried, living in Leander. She is Director of Technology Services for a merchandise marketing firm. We have one granddaughter, Sierra, who is a recent graduate of Texas State. She has a degree in wildlife biology, and is working as a vet tech in Colorado. No one is following in my architec-tural footsteps. My daughter was a the-atre major (at least was in the arts)!

Tell me about BSG Architects and how it got started. After surviving seven years as a sole practitioner and Bob Simpson doing sim-ilar, it seemed reasonable to merge com-patible talents, goals and interests. It was a great decision. Recently bringing John Gates into the mix as a principal has ele-vated our firm with new energy and a continued long future.

Explain your interest and passion in “community sensitive” design. What does that mean? My definition of “community sensi-tive” design is design that fits the cultural, historical and environmental fabric of the area. The challenge is to maintain that sensitivity and still create new progres-sive solutions to architectural problems that keep pace with new technology and trends. It involves a delicate balance of

blending the old and the new that still maintains that sense of appropriateness.

Was there a particular person that act-ed as a mentor while you were learn-ing your craft? Is that person still ac-tive in your life? How did they help you? The person that made the most dif-ference was Johnny Cotten, an architect in the Corpus Christi firm. Johnny’s opti-mistic encouragement and confidence in me at the right time in my career made the difference. I still consider him one of the most gifted architects that I have been associated with. He is now retired from practice and still a friend.

What do you like to do when you are not working? Hunt, fish, backpacking, kayaking…being active outside. I have an interest in South Texas history, archeology and have a large collection of Native American arti-facts that I have found over the years while stumbling through the outback.

Has your family (or you) been on any vacations that were awesome? Belize…clean white beaches, crystal clear water, unlimited rum punch, English speaking and logical currency. If I disap-pear you can look for me there. (no, don’t). –cw

If Danny Boultinghouse goes missing, he will probably be in Belize. Pictured there with Wanza, his daughter, Sierra, his granddaughter, and Nancy, his wife.

Page 7: South Texas Construction News December 2015

South Texas Construction News • Dec 2015 Page 7

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I can hardly believe it’s almost Christ-mas time. Summer took so long to end this year I think it messed with my

internal calendar! It just seemed kind of cool to slide straight from striper fishing into the deer blind. At least I’m finally not having a heat stroke trying to stand wear-ing my camo hunting clothes!

If you have talked to any hunters or been hunting you then you know that we are having a really good deer season. We have plenty of nice healthy deer to hunt and there are some truly amazing antlers on the bucks this year. We are seeing racks on some of our low fence deer to rival their high fence cousins. They can definitely get your blood pumping! Don’t forget to consider donating any surplus venison you may have to Hunters for the Hungry so we can make this sea-son a little better for someone else too.

The recent rains have brought the coun-tryside into a welcome time of renewal after all the old dusty remains of summer. Where there was bare dirt and crispy veg-etation now there is plenty of tender green stuff growing. Trees that were just barely staying alive are even putting on new growth and regaining health before winter sets in. Sometimes it almost looks like a false spring!

Another thing that I love about these cooler months is CATFISH. I know, fa-la-la-la-la and Happy Holidays and all that stuff is this time of year, but it is a well-kept secret that we have a heck of a cat-fish season this time of year that nobody seems to notice. Any angler that can tear himself away (or escape) from the holi-day rush to go catfishing will usually be well rewarded.

Merry Catfish!Catfish love to move around and feed this time of year. You can bait you up a catfish hole with some old smelly soured maize, or just chunk them some cattle cubes to get them interested and coming in to check on what’s for lunch. Then all you need is a hook with something stinky on it or some good worms to serve up the blue plate special and start reeling them in.

If that sounds like too much trouble, just call your favorite fishing guide and let him do the dirty work and clean your catch for you when you are done. That way you can pick yourself up a nice bar-beque supper and see some Christmas lights on the way home with your catfish. After all man doesn’t live on turkey and ham alone this time of year, and maybe a fish fry would be a welcome addition to your holiday party. You might just load up the whole crew and bring them fish-ing with you and start a whole new holi-day tradition.

On blue cat, on yeller cat and on hump-back blue! Merry Catfish to all and to all a fish fry!

Thank you to everyone who turned out to vote to pass Proposition 6 and protect our right to hunt and fish in Texas for ours and future generations! It is a privilege we can continue to cherish thanks to you.

McPherson catfish

Page 8: South Texas Construction News December 2015

Page 8 South Texas Construction News • Dec 2015

Fore-runnersSubmitted to Construction News

Testengeer-Taurus teams participated in Formosa Plastics’ United Way Charity Golf Tournament on Oct. 2. L-R: Gerald Dickey, Ramon Verduzco, Ray Pucciarello and

Randy Pilsner were on the Testengeer-Taurus 1st place team. –cw

SHARE YOUR PHOTOS . . .fishing, hunting, skiing,

biking, racing, orany outdoor activity or sport.There is no charge to you.

Email to:[email protected]

or call 210-308-5800(home office)Ask for Cyndi

Fore a good causeSubmitted to Construction News

Terracon’s Pharr location employees Rita Stanage, Lupe Torres and Armando Galvan took part in the 7th annual City Manager’s Golf Classic in Brownsville on Nov. 7. –cw

Helping KalyssaSubmitted to Construction News

Testengeer was one of the sponsors of the RUN for Kalyssa 5K event on Oct. 25 at Emmanual Lutheran Church in Inez, TX. Kalyssa Kitchens, diagnosed with leukemia in

August 2015, led the RUN while riding on a pink fire truck. Testengeer employee Kevin Schaefer won second place and presented his medal to Kalyssa. All of the proceeds

were donated to the Kitchens family for medical and travel expenses. –cw

Music sceneSubmitted to Construction News

Terracon’s Stephanie Rendon attended Austin City Limits music festival in Austin in October. –cw

Great daySubmitted to Construction News

Ken Biggs shows off a nice covey of quail he took while hunting with his friend, Ken Faires III, Faires Plumbing Company, Edinburg. –cw

Page 9: South Texas Construction News December 2015

South Texas Construction News • Dec 2015 Page 9

Corpus Christi Chapter NAWIC members wore pink at the October meeting for Breast Cancer Awareness. Back, L-R: Cathy Beaudin, Teresa Salman-Smith, Darlene Lee

Omana, Virginia Llanas, and Michell Patton; front, L-R: Vickie Thompson, Vanessa and Dominic Garcia, Patricia Livas and Julia Smith. –cw

Pink outSubmitted to Construction News

On Sept. 23, TEAM TURNER CORPUS CHRISTI began their participation in the Making Strides Against

Breast Cancer campaign. In doing so, $2,052 was raised with participation from Turner Industries Group LLC. employ-ees, friends, family and many other do-nors. The team’s fundraising ended on Oct. 17 with the Making Strides Against Breast Cancer walk, in which several em-ployees and their families participated. “I had an awesome time with Team

Think pink

L-R: Josua Barnett (Turner Ind Grp-Fabrication Division); Martin Mata

(Turner Ind Grp-Fabrication Division); Patricia Livas (Turner Ind. Grp-Corporate Procurement); Marissa Mendez (Turner

Ind. Grp. Fabrication Division)

Pictured, Fabrication Division participants: Yvette Santos and family, Marissa Mendez and son, Lori Flores Garza and family, Joshua Barnett, Martin Mata, John Deanda and daughter;

Construction Division participants: Mayra Romero Garcia, Michelle Cervantes and family, Debra Ramos, Patricia Livas, Wendy Pena and family (not pictured); personnel: Ninfa Alaniz,

Dora San Miguel, not pictured; security: Julie Leija and family.

Daniel Pena and children, L-R: Bianca I. Pena, Daniel I. Pena, Nadia Pena and Ariana Pena (family of Wendy Pena-Turner, employee)

Turner,” said Joshua Barnett, logistics foreman in the Pipe Fabrication Division. “It was my first event and it was a blast. I enjoyed being part of the team, making the hot dog plates for the fab shop and construction guys’ lunch. We raised a lot of money that day! Also the walk on Sat-urday was really fun. Meeting others from Turner that enjoyed giving back to the community was very gratifying. I feel this is the start to some great relation-ships and a lot of fun.” –cw

Vickie Thompson, NAWIC treasurer, and Ana Shaffer both work at Dixie Pipe Sales and got in the Halloween spirit this year. –cw

Peace, manSubmitted to Construction News

Page 10: South Texas Construction News December 2015

Page 10 South Texas Construction News • Dec 2015

Ringing Singing Tree coming to Austin

Houston-based JK Welding is con-structing the Western Hemi-sphere's first Ringing Singing Tree.

The company serves clients through-out Houston, San Antonio, Austin and Dallas. "We are thrilled to be a part of this art project, which will be installed in Aus-tin," said owner John King, JK Welding. "Our staff considers it a great honor to be a part of the project.” King says JK Welding became in-volved with the project when an attor-ney from Austin contacted the company to build this for him based off some prints provided by Tonkin Liu from the United Kingdom. According to King, the Ringing Sing-ing Tree is estimated to stand nearly 17 feet tall and weighs 20 tons, incorporat-ing 22 levels of precision piping. “This is a wind-powered musical sculpture that takes its cue from two like-designed sculptures in Britain and Saudi Arabia,” King said. “Its galvanized steel

pipes are arranged in a stacked swirl for-mation mimicking a tree bent as it's blown by the wind.” As the wind whispers through these pipes, a haunting and melodious hum covering several octaves ushers out. Ev-ery time a guest sits underneath this fan-tastic art and music-based sculpture, they will hear a different song. King added that the steel pipes are fabricated both for aesthetical qualities and toning. Specific narrow slits are add-ed on the underside of certain, expertly placed pipes to produce their desired sound. The Austin Ringing Singing Tree will be on public display at 18433 FM 529 in Cypress for six months to a year before its moved to Austin. “This project is so unique what fabri-cation welding shop wouldn’t want to be a part of it,” King said. “JK Welding wants to be a part of making history as this gi-ant wind chime becomes a part of history here in Texas and the rest of the world.”

JK Welding provides welding, custom fabrication, design and installation for jobs and projects of all sizes and scope. –ab

The Ringing Singing Tree

The JK Welding team

Page 11: South Texas Construction News December 2015

South Texas Construction News • Dec 2015 Page 11

Construction Equipment

Equipment dealers association evolves to better serve its members

Rick Lawhun, President/CEOEquipment Dealers AssociationSt. Louis, MO

Over the past several months, the Equipment Dealers Association

(EDA), formerly known as the North American Equipment Dealers Associa-tion, has undergone significant change in an effort to better serve its members. The association’s evolution has included de-velopment of a new brand, which in-cludes a new name, logo, vision, and mis-sion, as well as a new governance model and membership model. The new brand was created to com-municate that the association is evolving and engage positive perceptions, while drawing attention to the renewed focus of the organization – government relations, manufacturer relations, and regulatory compliance. After careful consideration, the 2014-15 board of directors determined

that dropping the geographic descriptor better aligned the organization with the regional equipment dealers associations and strengthened the organization’s posi-tion as the largest international organiza-tion for equipment dealers. Throughout its 115-year history, the association has had a few different names, but its purpose has remained un-changed – to help dealers succeed. The new name and brand will continue that purpose by raising the association’s visi-bility and making it more effective in pur-suing its primary focus areas. As of Oct. 1 of this year, the associa-tion’s governance model changed from a 17-person appointed board to a 9-person elected board. The 2014-15 board felt a need to create a leaner structure that can

react more quickly in addressing industry issues and influences. The new model also allows dealer members to directly determine the board member who will represent their interests and speak on their behalf at the national level. The Au-gust 2015 election of board members was the first such event in the history of the organization and members respond-ed by returning more than 1,000 ballots. Also as of Oct. 1 of this year, the as-sociation’s membership model changed from a federation structure, where the regional associations were the members of the national organization, to a direct membership model, where the dealers are the national members. In approving the new model, the 2014-15 board deter-mined that the new structure facilitates direct communication with dealer mem-bers and positions the organization as the unified voice representing the inter-ests and needs of the dealer. Not only have the dealer members positively em-braced the change, but industry entities as well, including manufacturers, ven-dors, and other associations having simi-lar missions and goals. As president and CEO of the Equip-

ment Dealers Association, I am fortunate to have played a small part in implement-ing these significant changes. The 2014-15 board of directors had the wisdom, foresight, and courage to implement change when status quo would have been acceptable. They can be proud of their accomplishments knowing that the future of the Equipment Dealers Associa-tion is bright.About Us Founded in 1900, the Equipment Dealers Association (EDA), formerly known as the North American Equip-ment Dealers Association, is a non-profit trade organization representing 4,500 re-tail dealers extensively engaged in the sale and service of agricultural, construc-tion, industrial, forestry, outdoor power, lawn and garden, and/or turf equipment. EDA provides essential value to its mem-bers by enhancing the dealer-manufac-turer relationship and advocating for a positive legislative and regulatory envi-ronment. EDA is headquartered in St. Louis, MO and is affiliated with regional associations located throughout the United States and Canada. For additional information, visit www.naeda.com.

The John Deere 1050K was designed and built with state-of-the art tools

and techniques. Boasting more power and weight than the J-Series model it re-places, the 1050K Dozer delivers the per-formance you need for mining, quarry-ing, road building, and other large-scale applications. When you compare it to other crawlers in its class, the John Deere 1050K is the obvious choice. From the ground up, the completely redesigned 1050K features a John Deere PowerTechTM engine with the superior power-to-weight ratio to provide the traction needed to push more material. Dual-path hydrostatic transmission al-lows you to push a full load through turns without losing material, unlike torque-converter transmissions on competitor machines. Other enhancements include an EPA Final Tier 4 (FT4)/EU Stage IV die-

Deere

sel engine for work in nonattainment ar-eas. And a new EcoMode that regulates engine rpm to burn up to 25-percent less fuel. Plus the unsurpassed visibility, oper-ating ease, responsiveness, and reliability you've come to expect from our crawlers. This dozer is loaded with all the fatigue-beating amenities an operator needs to get “in the zone” and become more pro-ductive. Maintaining big iron doesn’t have to be a big deal. Backed by the RDO Promise – Uptime GuaranteedTM, you get a level of guarantee that no other John Deere or competitive brand dealer offers – a com-mitment to providing the ultimate in ser-vice and care when you purchase your equipment from RDO Equipment Co. Stack the deck in your favor — learn more by contacting your local RDO Equipment Co. store today.

The new Snorkel S3219E provides 19-feet of platform height from a 32-inch

wide chassis and can lift 550 lbs. Non-marking tires and saloon-style entry gates are fitted as standard. It is part of the new Snorkel hydraulic drive electric slab scissor lift family that was launched earlier this year. The family includes four models: S3219E, S3226E, S4726E, and S4732E. Designed for the rental industry, the S3219E is packed with innovative features that benefit both the rental company and the operator. The new dual shear design scissor stack features oversized pins to in-crease stack rigidity and increase the life of the machine. The platform is made from 12-gauge diamond plate, eliminat-ing the need for grip tape. The S3219E’s 36-inch roll-out deck extension has tele-scopic rails meaning that the operator can utilize the maximum floor space of the platform whether stowed or extended. Upper controls are hard mounted to reduce theft and the lower controls are positioned in the rear of the chassis, allow-ing easy access when machines are parked side-by-side. A control panel for loading is located on the external toe board of the machine, allowing the operator to ‘walk’ the machine onto a truck without needing to be inside the platform. The lifts have a gravity-actuated, over-center active pothole protection system that does not rely on springs or hydraulics. The kingpins have been en-hanced by a factor of eight, to eliminate breakage, especially from forklifts when moving the machines. The S3219E has a 90° steering design.Easy maintenance Efficient maintenance is an impor-tant factor for rental companies, and the Snorkel scissor lifts feature an ‘inside-out’ twin door tray design which makes ser-vicing the equipment light work. The

smaller door trays also carry less weight, meaning less strain on the door hinges. The tray is housed in heavy-duty ¼ steel that provides additional protection to the machine’s electrics. Durability The chassis features a solid plate un-derneath it to protect the undercarriage and a flat top to ensure that any debris falls onto the ground during power wash-ing and does not remain within the ma-chine. With 25% gradeability and a long duty cycle per charge, the new Snorkel se-ries of electric slab scissor lifts are designed to deliver a long working life with minimal downtime and low maintenance costs. The lifts are now in production and are available to order. To find out more about the Snorkel S3219E, contact Ahern Rentals on 800-400-1610 or visit www.ahern.com.

Snorkel

Page 12: South Texas Construction News December 2015

Page 12 South Texas Construction News • Dec 2015

Construction Equipment

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Xtreme Manufacturing’s XR4030 heavy-duty rough terrain telehandler

can lift up to 40,000 lbs. Designed for lifting large loads, the XR4030 also boasts up to 30 ft. of lift height and a forward reach of up to 16 ft. 4 in., maximizing its use for many appli-cations across the jobsite. Built to last, Xtreme Manufacturing telehandlers’ feature a solid steel plate chassis, high quality components and a reliable Perkins engine, making them ideal for working in tough conditions, such as large construction sites, as well as oil and gas, utilities and mining applica-tions. The XR4030, like all Xtreme telehan-dlers, is designed to get the job done safely and efficiently. Innovative stan-dard features, such as 360° operator visi-bility from the cab, and an integrated boom lift point to support suspended loads, help to minimize the risk of acci-

dents. Long life boom rollers are mainte-nance free, and reduce boom chatter for smoother operation when positioning a load. Xtreme operator boom controls are specially designed to permit the operator to keep one hand on the steering wheel at all times. The Xtreme XR4030 is designed to be the ‘swiss army knife’ of the jobsite, with its lift capacity and reach providing a so-lution for most jobsite lifting applica-tions. The XR4030 can further be cus-tomized with a range of attachments, which now includes a new pipe & pole grapple attachment that can lift pipes and poles up to 7 ft. diameter, with a lift capacity of up to 35,000 lbs. The Xtreme XR4030 is available to or-der. To find out more about the Xtreme XR4030, contact Ahern Rentals on 800-400-1610 or visit www.ahern.com.

Xtreme

Leica Geosystem has in-troduced the world’s

first self-learning Multi-Station Robotic Total Sta-tion. The Leica Nova MS60 brings together all avail-able measurement tech-nologies in one instru-ment, including precision 3D scanning, robotic total station capabilities, and GPS connectivity. To fur-ther meet the demands of ever-changing work sites; the MS60 multistation combines the latest mea-surement technology with the world’s first self-learning targeting recog-nition environment, ATRplus. With the use of dynamic laser con-trol, history logs of reflected laser targets and tighter sensor synchronization, Lei-ca’s ATRplus technology ushers in the lat-est generation of robotic total stations

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The Cat® 415F2 Backhoe Loader deliv-ers performance, increased fuel effi-

ciency, superior hydraulic system and an all new operator station.• Ergonomic Operator Station – Ample legroom inside the cab makes rotating the seat simple. The air suspension seat provides operator comfort.• Load Sensing Hydraulics – The Cat Back-hoe Loader’s load sensing piston pump provides full hydraulic lifting and digging forces at any engine speed. Variable flow pump matches hydraulic power to work demands.

• Machine Performance – The proven Cat C3.4B engine delivers solid performance, meets Tier 4 Final/Stage IV emission stan-dards, and requires no diesel exhaust flu-id (DEF).• Machine Versatility – A broad range of performance matched Cat Work Tools make the Cat Backhoe Loader the most versatile machine on the job site. All backhoe loaders have standard thumb ready sticks. For more information, contact HOLT CAT at 877-714-0978 or visit HoltCat.com/BHL

Caterpillar

Page 13: South Texas Construction News December 2015

South Texas Construction News • Dec 2015 Page 13

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

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

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

San Antonio: [email protected] Austin: [email protected] Dallas/Ft. Worth: [email protected] Houston: [email protected] South Texas: [email protected]

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Round-UpAssociation CalendarContent submitted by Associations to Construction News

AGC- Corpus Christi

Associated General Contractors

Dec. 10: Christmas Party, beginning at 5:30pm, at Ferguson Show Room, 5513 Saratoga Blvd. Call 361-289-0996 for more information.

AIA - Corpus ChristiAmerican Institute of Architects

Dec. 8: Holiday Party, honors and awards at 6pm at Hester’s at the South Texas Mu-seum of Art, 1902 N. Shoreline Blvd.

SCTMCSafety Council of the Texas Mid-Coast

Dec. 8-11: OSHA #5810 Hazard Recogni-tion and Standards Dec. 8-10: DOT Hazardous Materials TrainingFor more information go online to UTA contact Betty Birdwell, SCTMC Business Outreach and Instructor Leader at 361-552-7823 x 1207 or via email at [email protected]

ASSE - Coastal BendAmerican Society of Safety Engineers

Dec. 8: Monthly meeting at Railroad Sea-food Station in Corpus Christi from 11:30am to 1pm. Speaker is Paul English discussing higher education, distance learning and what it all means to the safe-ty professional.

Thomas Burr has joined Raba Kistner as chief operating officer and senior vice president of Raba Kistner Environmental (RKE). Burr has 21 years of experience in the environmental field, in-cluding most recently with Chicago Bridge & Iron (CB&I), where he was office director and environmental and infrastructure op-erations manager. Burr received his MS in Environmental Science from Baylor University in 1994 and his BS in Biology from the Uni-versity of Oregon in 1992.

Include yourAssociation Calendar events by submitting

to:STeditor@

constructionnews.netThere is no charge

Celebrating the Department of Labor’s inaugural National Apprenticeship Week Nov. 2-6, Jesse Gatewood, the training director for Texas Gulf Coast IBEW Local 278 based in

Corpus Christi, represented the electrical apprenticeship program in San Antonioon Nov. 5 at the UA Local 142 Open House. –mh

Promoting an electric futureSubmitted to Construction News

Page 14: South Texas Construction News December 2015

Page 14 South Texas Construction News • Dec 2015

continued from Page 1 — Buildings are for people

continued from Page 1 — Innovative indeed

continued from Page 1 — Getting in The Groove

Terracon achievements

ongoing work to the UT Rio Grande Val-ley University campus in the past few years. “The nature of our work with all these entities is 65 percent repurposing, renovating and adding on to existing properties,” Negrete says. The firm is both a state-certified HUB (Historically Underutilized Business) firm, as well as a certified MBE (Minority-Owned Business) and DBE (Disadvan-taged Business Enterprise) firm, which Negrete says helps with bigger projects. Repeat business plays a large part of the firm’s mission, although Negrete says he is always open for new opportunities. “Our philosophy is to listen, interpret and define their needs so we can provide

them appropriate and durable solutions,” he says. “It’s very important with smaller municipalities and school districts. They look to us to analyze property and exist-ing buildings and work in their key cate-gories, whether financial or operational. They look to us to provide the solutions.” The firm’s employees don’t spend a lot of time together outside of work. “We try not to,” Negrete says. “The thing is, we spend all this time together already. We may have the occasional business lunch, or the occasional holiday dinner, but everybody has their personal interests and lives. I’ve never felt very comfortable having to attend an obliga-tory company event. Team building is best done in the workplace.” –cw

The spark of something big

The IEC National Convention included the Platinum Partner Party, an event that brought out everyone’s inner superhero.

Ken Schmidt, former director of communications for Harley-Davidson Motor Company, was the keynote speaker at the IEC National Convention.

Alfonso Soto, Terracon principal and manager of Geotechnical and Construction Materials Testing

Services, received his Diplomate, Geo-technical Engineering (D.GE) certifica-tion. This professional certification is of-fered through the Academy of Geo-Pro-fessionals and ensures that geotechnical engineers have specialized knowledge and skills in their field of practice. Soto's official title is now Alfonso A. Soto, P.E., D.GE, F.ASCE. Stephanie M. Rendon, MBA, re-ceived an Employee Excellence Award in Terracon’s South Central West Division (this division includes the Terracon Pharr, Laredo, San Antonio, El Paso, Midland, Lubbock, Austin, Dallas, Dallas North, and Fort Worth offices). Rendon was award-ed the Client Service Award - an award given for exceptional service provided to Terracon’s clients, extraordinary client development efforts, and leadership in the four primary service lines: Environ-mental, Geotechnical Engineering, Mate-rials Testing, and Facilities. The Terracon Excellence Awards were established to give company-wide recognition to these outstanding em-ployees. Rendon has worked for Terra-con for 11 years, beginning in the San Antonio office and relocating to Pharr in 2009. –cw

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Did youknow?

This year’s 58th annual Independent Electrical Contractors (IEC) National Convention got a spark of new life,

rebranded as the IEC Con 2015. The con-vention and expo was held Oct. 21-24 in Tampa, FL. Other changes, which included streamlining the educational sessions and focusing on more interactive and peer-to-peer programs, drew significant-ly more guests to this year’s convention. Joseph Cephas, vice president of public affairs for IEC National, notes that one of the biggest sessions was the Great Idea Swap, where attendees came in with one great idea, wrote them down, shared them and voted on the best ones. He says,

“With that, there are just so many different ideas floating around the room that it would be difficult for somebody not to have an idea that impacts their business.” Overall attendance was 1,572, a 23 percent increase from the previous year. The number of registrants from electrical contracting companies who took advan-tage of the entire convention, signing up for every event, was 285, a 32 percent in-crease in their primary target market from the previous year. The expo also grew with more than 100 exhibitors from a wide variety of industry vendors. The 2016 IEC Con will be held in San Antonio. –mh

high quality product,” he says. “We fig-ured if we did all that the business would take care of itself.” Employees are a valued asset at in-novative Block. There are roughly 40 em-ployees, with some working for Innova-tive Supply, a trucking company under the umbrella of Innovative Block. “We tend to keep people for years and years,” Mueller said. “Many are still here from beginning. We were providing health care before it was required. We take care of them, so they’ll take good care of us.” Recently, the company had a cus-tomer and employee appreciation open house and Mueller says that every once in a while, the company will have a party and let everyone take home fajitas. As part of Innovative Block’s recy-cling efforts, the company sends special recycling containers to help keep jobsites

clean and then recycles the concrete. “We were one of the first in the state to do a lot of concrete recycling,” Muller said. “We take back. For example, when you do a school, about 10% of the block ends up being scrap where windows doors are. We grind it up and stick it right back into the plant.” As an additional bonus, contractors and building owners can get LEED credits when they use the concrete recycling on their jobs. The company works closely with UT Rio Grande Valley – which has ongoing projects. “Whenever they tear a building down, we try to collect all the concrete and send it back to them to use,” Muller says. Innovative Block works in South Tex-as from Corpus Christi to Laredo and south to the Rio Grande Valley. –cw

Menendez says the restaurant floor joists are supported on standard pier and beam. It was a bit of a challenge to, not only get the oven in the building, but to support the 5,000-lbs that came with it. “The solution there really wasn't that difficult,” he says. “While the existing floor was exposed, we created a massive engineered footing using rebar and con-crete. We then had to temporarily sup-port the roof where the exterior wall needed to be opened in order to bring the wood fired oven in the building. A forklift handled the rest.” The Venetian style warm wall finish adds that old-world charm that gives cus-tomers that calm and inviting feel. All of the lighting is from the 1960s or 1970s circa. “I started collecting them and repur-posing them many years ago as a hobby,” Menendez says. “All of them have origi-nal style Edison lamps for that soft ro-mantic glow. Some of the above kitchen counter lighting was made from potato mashers, cheese graters and mason jars. I purchased a vintage Texas neon sign and had the electrician rewire it with LEDs and boy, do people love to take photos by it! Three antique gas lamps were also converted to line voltage and add an additional glow to the dining room.” Warm distressed hickory flooring en-hanced the rest of the interior. Two 5-ton a/c units were also a must in order to keep the building cool from the wood fired oven. “Music being a hobby of mine all my life, I wanted to also incorporate a small quaint radius stage in the corner of the dining room,” Menendez says. “The ma-hogany halo that mimics the stage radius gives the effect of a much larger appear-ance. This enabled us to bring perform-ers in every night of the week that we are open. Our customers enjoy listening to the soft background music that they per-form.”

For the exterior work, Menendez again wanted that vintage original look that would set the restaurant apart from anyone or anything else anybody had. “The vision was to have that wow factor and from what our customers tell us, we achieved that goal as well,” he says. A large 4' deep and 2' high concrete porch the length of the building was re-moved so that smaller inviting stairs with railings - made from an antique head and footboard - could be built. There's even an antique horse tie-up station similar to what New Orleans has on their sidewalks. “You never know when a Texan might ride up on his or her horse for a great meal!” Menendez says. “Overall, the outcome of my entire vision exceed-ed even my expectations. Customers thank us on a daily basis, saying thank you for opening this, we needed this in Rockport. They also tell us that don't feel like they are in Rockport when they dine here.” Menendez was in the construction industry for 35 years. As a licensed Cali-fornia general contractor in the early years and a licensed cabinet and millwork contractor, he focused on residential, commercial and retail with the majority being retail the later part of his career. His last position for almost 20 years was the VP of Real Estate and Construction for Samuels Jewelers, where he enhanced the company’s portfolio from 119 units to 209 units in the first couple of years there. Responsibilities included space planning, design and development, pro-curement, FF&E, maintenance, site selec-tions, lease negotiations, lease execu-tions and lease renewals. “I just would like to add that the final results of the project have been highly successful,” Menendez says. “Our goal has gone above and beyond our expec-tations.” –cw

Page 15: South Texas Construction News December 2015

South Texas Construction News • Dec 2015 Page 15

Spooky in South Texas

Folks in the construction industry in South Texas took advantage of October’s Hal-loween festivities to carve pumpkins or come to work as an alter ego! –cw

Evins Glass Service employees got caught up in the Halloween spirit in Corpus Christi.L-R: Sonjia Peterson, Darren Vera, Sharon Sutter and Megan Johnson

The Raba Kistner McAllen office put together some great costumes. Above, “Kat in the Hat” is Katrin Leonard, PE, accompanied by Marianna Alvarado (Thing One) and Delia Vasquez (Thing

Two). They were a top contest winner in the firm, taking the “Most Creative” award.L-R: Jorge L. Perez; Mary Ann Alvarado; Katrin Leonard, PE; Delia Vasquez; Osvaldo Ochoa;

Isidoro Arjona, PE and VP of office; Kristina Leal; and Byanka Moreno

Esteban from Negrete Kolar LLC took on a Star Wars theme pumpkin!

Juan Martinez and Mirtha Uranga from Milnet Architectural Services

The folks at S.S. Smith & Sons Masonry Inc. in Corpus Christi didn’t hold out when it came time to use their imaginations for some creative costumes.

L-R: Brenda Justice, administrative assistant; Sid Smith Jr., owner; Vicki Brunks, office manager; and Richard Valenzuela, yard foreman.

South Texas Construction News editor Cyndi Wright channeled Carol from The Walking Dead.

John Gates from BSG Architects

Jerry from PSJA school district

Ana and Sergio from Gignac Architects.

Page 16: South Texas Construction News December 2015

Page 16 South Texas Construction News • Dec 2015

ABC Painting & Drywall LLC in Corpus Christi donated its time and painted chairs pink for breast cancer awareness in October. Sherwin Williams donated the paint. ABC owner Joe Solis Jr. says the chairs are for Project Empty Chair,

sponsored by Radiology Associates, who strategically place empty chairs around the Coastal Bend to remind people of lives lost to the disease.

Pictured: Fred Moreno of ABC Painting & Drywall. –cw

Pink linkSubmitted to Construction News

LNV catches the holiday spirit

LNV, a local engineering, architec-ture, surveying and construction company has donated to organiza-

tions that help children in the region in lieu of its annual holiday party. “The shared enthusiasm within our company in preparing gifts for others has brought us back to the true reason for the season,” said Robert Viera, senior vice president/principal at LNV. This year, the engineering, architec-tural, surveying and construction com-pany is celebrating 15 years after Dan Leyendecker, Derek Naiser and Viera acquired the 38-year-old architectural and engineering firm Smith & Russo in April 2000. The firm started with seven employ-ees in one office and has grown to more

On Nov. 17, Corpus Christi employees got together for a Thanksgiving dinner.

than 140 employees in seven Texas loca-tions, including Austin, Corpus Christi (headquarters), Dallas/Fort Worth, Har-lingen, Laredo, McAllen and San Antonio. Four of the five donations were made during the Coastal Bend Day of Giving held in November. Those included Wom-en’s Shelter of South Texas, Boys and Girls Club of Corpus Christi/Robstown, Wesley Community Center and the Ark Assess-ment Center and Emergency Shelter for Youth. A fifth donation was made to Driscoll Children’s Hospital in Corpus Christi through its personal donation sys-tem. Employees at the company don’t only work together, they play together and now – they give together. –cw

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Setting storagetanks at quarrysite. Gettingready for thebig highway boom.

Associated Builders & Contractors Texas Coastal Bend Chapter (ABC) had its 14th annual Skeet & Trap

Shoot in September at the Corpus Christi Pistol and Rifle Club. –cw

Skeet peek

First place winners (not listed in order) Hanks Team: Duane Muncrief, Ron Liemke, Hank Sharper, Wesley Hawkins, Kenny Boeder and Master of Ceremonies Mark Roach

Winners1st place – Hanks Team

2nd place: Sprint Waste Services3rd place: Repcon Inc Team #2

Terracon Office Manager Jorge A. Flores, P.G., (pictured with his mother Maria Ramona Flores) attended the City of Roma’s 250th Anniversary Celebration on Nov. 14.

Roma is Flores’s hometown and Terracon was proud to be a sponsor atthis once-in-a-lifetime event. –cw

Celebrating 250 yearsSubmitted to Construction News

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