Subcontractors USA Journal 41

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TEXAS JOURNAL

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August 2019 | Advertising for Certified Women, Veteran & Minority-Owned Subcontractors | 41st Edition

NAMC-DFW

Presents the 2019 Business Expo and Golden Shovel Awards Back row, left to right: Yesenia Garcia, Arian Davis, Terry Lacy-Little, Jennifer Lacy, Kevin Butler, Greg Obar, Trelaine Mapp, Rosalyn McDonald Front Row, left to right: Demetria Bivens, Jeffery Postell Jr., Amanda Wheeler

16-17

INSIDE

04

Houston Endowment Headquarters International Design Competition

26

In the Subcontractors USA Community...

Salute to Minorities in Construction Luncheon

26 The other fatal 4: Report warns of less-considered major construction health hazards

2 | August 2019

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PUBLISHER’S MESSAGE

Keith J. Davis, Sr. CERTIFIED:

HMSDC

The Subcontractors USA Texas Journal highlights opportunities and news relevant to the construction, energy, architecture, manufacturing, education, engineering, oil and gas, transportation and IT industries we serve. We hope you find this issue not only informative, but inspiring and educational as well.

This month’s issue highlights the 2019 National Association of Minority Contractors Business Expo and Golden Shovel Port of Houston

PUBLISHER & CEO Keith J. Davis, Sr. COO & MANAGING EDITOR Kimberly Floyd ACCOUNTING MANAGER Eugenie Doualla

An individual has not started living until he can rise above the narrow confines of his individualistic concerns to the broader concerns of all humanity.” “

—Martin Luther King, Jr.

Metro

BEHIND THE JOURNAL

City of Houston

04 ARCHITECTURE 04 Houston Endowment Headquarters International Design Competition 04 A Step Up 06 CONSTRUCTION 06 Fluor Joint Venture Selected for $1.7 Billion I-635 LBJ East Infrastructure Project in Dallas 06 Switch to modular cuts construction jobs in half at $10B ExxonMobil-SABIC plant

STAFF WRITER Carly Hammack

10 IT & TECHNOLOGY 10 New dump truck app the latest in Uber-style market trend 10 Tracking Jobsite Workers with Wearables Boosts Safety and Productivity

PROJECT COORDINATOR Lindsey Ford

14 LEGAL 14 Choice of Law/Forum Selection Blog

GRAPHIC DESIGNER Kendra Wiseman

16-17 COVER STORY 16-17 NAMC-DFW Presents the 2019 Business Expo and Golden Shovel Awards 22 PERMITS 22 10 Benefits Of Pulling A Building Permit

HUB

VBE

DBE

OUR SERVICES

08 ENERGY 08 ExxonMobil and Global Thermostat to advance breakthrough atmospheric carbon capture technology

ART DIRECTOR Angel Rosa

HISD

CONTENTS

EXECUTIVE ASSISTANT Tiffany Brown

PHOTOGRAPHY Grady Carter L.C. Poullard

Awards. This event will consist of over 300 participants, made up of contractors, consultants and NAMC stakeholders. At the business expo, prime contractors will showcase their business and network with trade contractors.

To follow, the first annual Golden Shovels Awards will commence, with special remarks from Mayor Jeff Williams of Arlington, keynote speaker Senator Royce West and special guest speaker United States Marine Corps (Retired) Major General Craig Timberlake.

17-24

24 SAFETY 24 Prioritizing Worker Wellness: Combining Education and Technology for Injury Prevention

DISTRIBUTION Rockie Hayden

26 SAFETY 26 The other fatal 4: Report warns of less-considered major construction health hazards

28 TRANSPORTATION 28 American Airlines building $250M hotel, conference center

CONTRIBUTING WRITERS Helen Callier Nathan Estrada Subcontractors USA News Provider

26 TRANSPORTATION 26 Continuing Improvements: Houston Ship Channel Widening And Deepening Is Gaining Momentum

28 IN THE SUBCONTRACTORS USA COMMUNITY...

28 Salute to Minorities in Construction Luncheon

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ARCHITECTURE

Houston Endowment

Headquarters International Design Competition

By Subcontractors USA News Provider

H

ouston Endowment (HE), a leading Houston philanthropic organization, and design competition organizers Malcolm Reading Consultants, recently launched the global search for an outstanding design team of architects and landscape architects for HE’s new headquarters. The center, circa 40,000 s.f., will be HE’s new public face and will provide dedicated space for the organization’s team and community partners including, healthy workspaces, accessible and inspiring meeting places, and flexible engagement facilities.

HE, established by Jesse and Mary Gibs Jones in 1937, does not actively fundraise; its funding is financed by an endowment currently valued at $1.3 billion. Founder Jesse Jones was a successful Houston entrepreneur, real estate developer, politician and civic leader who served at the national level. Mary Gibbs Jones was a community and cultural activist who brought opera to Houston radio and helped support military widows. In 2018, HE provided funding for more than 200 organizations, including Houston in Action, Arts Connect, and Houston Immigration Legal Services Collaborative. The foundation also helped Harris County acquire the historically and architecturally significant Riverside General Hospital.

Ann Stern, President and CEO of the Houston Endowment, said, “This is an exciting moment for us, enabling us to establish a presence and identity at ground level in the city. It will also allow us to continue in the tradition of our founder Jesse H. Jones, who earned the nickname ‘Mr. Houston’ – in part for his contributions to building and developing our city.”

HE’s new center, which has a construction value of $20 million, will connect to the adjoining Spotts Park near downtown Houston. Funding for the project has been secured, along with the site, and has a fast-track timetable — the finished building is due to open in the Spring of 2022.

Competition Director, Malcolm Reading recently said of the design competition, “We are open-minded about the architectural team we are seeking but committed to high-quality design. We would like to encourage emerging talent as well as listen to established; we welcome diversity and international designers.”

The competition format, recently announced in a press release, is as follows: No design is required at the first stage — rather designers will need to study the Search Statement (available to download from the competition website) and submit their approach to the project, experience, and relevant design skills through a digital form on the website.

At the second stage, at least four teams will be shortlisted, and these will receive an honorarium of US$50,000 for their design work when the competition concludes with the selection of the winner.

All teams will be required to include an architect registered in the state of Texas as part of their team at Stage Two. Full details of the competition Selection Committee, which will interview the teams and select a winner, will be announced later in the process.

Source: Texas Architect

ARCHITECTURE

A Step Up

By Subcontractors USA News Provider

O

ld East Dallas is a mix of historic homes, mid-century and newly built multifamily buildings, and empty lots. A great deal of empty lots.

For now, the lots at the corner of Burlew and Scurry streets are relatively empty as well. In some places, they’re even prairie-like. But development signs stipple the landscape, some of which has been newly graded, signaling that change is on the way. The first project of this coming change is, in fact, already there: Ascend — a complex of five townhouses developed by Lardner Group Development that wraps the street corner. More will follow as part of a second phase.

Ascend is markedly different from the majority of contemporary projects of the same typology. Both the developer and the architect — FAR + DANG — recognized the project needed to define something greater than saleable square feet, given its place on the corner and potential as an urban catalyst. “We were inspired by the corner lot and the somewhat complex planned development regulations that the property was in,” says FAR + DANG partner Bang Dang. “The strategy was to position the units in a way that would differentiate this development from the typical townhouses that are attached in a row with the same unit plans. By doing three attached and staggered units

and then two detached units, this not only resulted in some interesting residual outdoor spaces, but also encouraged the units to have variations in the plan.”

The main entrance of each of the five units opens onto the street, with garage and services located at the rear. The staggering of the units creates a variegated urban wall on the sidewalk and allows the architecture to conceal unsightly details, such as downspouts and scuppers.

The staggering also made room for opening up a series of outdoor spaces behind and around the buildings. The architects added further dynamism to the development by varying the widths of the units’ footprints and the height and pitch of their gable roofs. “The idea of giving the roofs all a different form and height, in addition to the varying lengths and widths of the unit floor plates — when all combined into one development — started to formally and spatially create a very small ‘village,’ of sorts, rather than a row house-type situation,” Dang says.

Beyond the complexity in planning, the architecture is refresh-

ingly simple, more so than in any nearby counterpart. The thin-seamed aluminum exterior, finished in white, dark gray, and black, gives the bold forms a starker appearance as well as a degree of durability.

“The project is still in a somewhat transitional neighborhood that carries a sense of ruggedness to it,” Dang says. “We felt the ribbed metal siding and the colors worked well in that setting.”

The buildings’ openings play a critical role in the design. Windows were placed as extensions of interior space, in line with the circulation. This configuration leads to a patchworked exterior that tells a bit of the story of the units within, and directs views from the inside toward desirable assets in the surrounding neighborhood. The architects avoided standardizing the openings in order to improve the residents’ experience.

Inside the two-story units, which are 1,500 sf on average, the simplicity of the exterior is carried through. They are relatively barren of detail, in a positive way. They provide a blank slate upon which the owner can customize his or her setting. Daylight and views give the units their unique sense of interest, as do the

vaulted ceilings, whose peaks often rise from the area of most anticipated use. As on the exterior, unsightly elements are concealed — from doorways to switches and thermostats, all are tucked away from direct view.

The spatial organization is straightforward. The main entry leads seamlessly into a space that can be used as an extra bedroom or a workspace. The garage and service spaces are tucked away from view.

The second level can be described as a onebedroom unit in itself, with living spaces placed toward the street and bedrooms at the rear of the site.

Ascend shows a possible path forward for developer-driven, multi-family residential design in East Dallas, one that redefines the neighborhood with greater density while adding variation and interest. Lardner Group Development was able to push design for this typology in the area while still making a decent margin on the project by being ahead of the current wave of gentrification. “Part of our development strategy is to create something unique and well designed, so we try to invest our capital in the product, not the land,” says company owner Colin Lardner. “That is a big risk, as most people look for already-developed neighborhoods where land prices are too high to build a more refined product at an affordable price. We had to trust that people would see the vision and appreciate the one-ofa-kind homes we created.”

Source: Texas Architect

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CONSTRUCTION

Fluor Joint Venture

Selected for $1.7 Billion I-635 LBJ East Infrastructure Project in Dallas

in each direction to this critical section of I-635. The project will also feature the construction of continuous frontage roads with numerous intersection improvements for the frontage roads and cross streets to function more efficiently, including the design and construction of a signature bridge at the Skillman/Audelia intersection.

By Subcontractors USA News Provider

F

luor Corporation announced today that the Fluor-led joint venture company composed of Fluor and Balfour Beatty Infrastructure, Inc., was selected by the Texas Department of Transportation (TxDOT) to design and construct the I-635 LBJ East Project in Dallas. The Fluor team’s scope of work includes the widening and full reconstruction of about 11 miles of I-635, also known as LBJ Freeway. The contract also includes an option for Fluor to provide capital maintenance services following construction of the project. Fluor anticipates the company will book the contract value in the third quarter of 2019.

“The award of this critical mobility improvement project to Fluor’s joint venture with Balfour Beatty is a clear demonstration of our ability to use innovation to improve cost and schedule and the value that TxDOT places on the services we have continuously provided to them for the last 18 years,” said Terence Easton, president of Fluor’s Infrastructure & Power business.

“Fluor remains focused on and committed to the Texas infrastructure market and the upcoming numerous opportunities with TxDOT.” The I-635 LBJ East Project will improve the capacity and operational efficiency of the portion of the I-635 loop around north and east Dallas from east of U.S. Highway 75 to I-30. This includes significant reconstruction and improvements to the I-30 interchange and a section of I-30 from west of Gus Thomasson Road to east of N. Galloway Avenue in Dallas County, Texas.

The project includes adding a general purpose lane in each direction and rebuilding the existing managed lane

The overall goal is to improve mobility and reduce traffic congestion in a main Dallas-Fort Worth commuter corridor that carries more than 200,000 vehicles per day. The completed project is also expected to improve safety and mobility within the I-635 corridor as well as improve the access to existing roadway connections.

In addition to the management personnel on the project, the Fluor-Balfour joint venture will employ about 500 craft workers at peak. Substantial completion is anticipated in the second half of 2024.

Source: FLUOR

CONSTRUCTION

Switch to modular cuts construction jobs in half at $10B ExxonMobil-SABIC plant

By Subcontractors USA News Provider

M

odular construction is known for shaving time from construction schedules and reducing project budgets. But in the case of the $10 billion ExxonMobil-SABIC ethane steam cracker and plastics plant in Corpus Christi, Texas, it looks like it is also going to do away with some jobs as well.

After the two energy giants announced the project a few years ago and began planning, they amassed about $500 million in tax incentives from local communities with the promise of impressive economic benefits, including about 11,000 construction jobs, according to the Houston Chronicle.

But between the time that building begins in the upcoming quarter, through the anticipated completion date

of sometime in 2022, the ExxonMobil-SABIC joint venture vehicle of Gulf Coast Growth Ventures expects that the project will actually deliver 6,000 construction jobs instead, due to a switch in approach to modular construction. The company has been making this downward-revised projection since at least May 2018.

An ExxonMobil spokesperson told the

Chronicle that the JV made the choice because local residents had expressed concern about the effects of so many workers coming into the community.

With the modular approach, there will be fewer workers, and the project can be completed faster, she added. The team of The Wood Group; McDermott & Turner Industries Group; Chiyoda & Kiewit; and Mitsubishi Heavy Industries & Zachry Group will be handling the engineering, procurement and construction phases.

Even with the lowered expectations, 6,000 jobs is enough to retain the original tax breaks, according to the Chronicle.

Although the industry is used to seeing modular construction for projects like hotels and apartment buildings, modular advocates say the method can be used on any type of construction project and considered modular as long as components are manufactured offsite and then those

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pieces assembled at the jobsite.

According to a recent report from McKinsey & Co., modular construction boosts productivity and could save new-build real estate projects in the U.S. and Europe a combined $22 billion annually by 2030.

The method is able to save up to 50% on a project's schedule when compared to one using traditional methods, and can shave up to 20% off the budget.

These benefits are more likely to be achieved, McKinsey said, if developers and contractors use the appropriate materials and design and can be innovative in overcoming the design, manufacturing, technological, logistical and assembly challenges that come along with such projects. They must also use locations where the project team can realize scale and repetition.

Source: Construction Dive

August 2019 | 7

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ENERGY

ExxonMobil and Global Thermostat

to advance breakthrough atmospheric carbon capture technology

By Subcontractors USA News Provider

E

xxonMobil and Global Thermostat said recently that they have signed a joint development agreement to advance breakthrough technology that can capture and concentrate carbon dioxide emissions from industrial sources, including power plants, and the atmosphere.

ExxonMobil and Global Thermostat to advance breakthrough atmospheric carbon capture technology • Technology removes carbon dioxide from industrial sources and the atmosphere • Companies to evaluate potential scalability • Applications could extend across multiple industrial sectors

The companies will evaluate the potential scalability of Global Thermostat’s carbon capture technology for large industrial use. If technical readiness and scalability is established, pilot projects at ExxonMobil facilities could follow.

“Advancing technologies to capture and concentrate carbon dioxide for storage and potential industrial use is among a suite of ExxonMobil research programs focused on developing lower-emissions solutions to mitigate the risk of climate change,” said Vijay Swarup, vice president of research and development for ExxonMobil Research and Engineering Company.

“Our scientists see potential in this exciting technology that could lead to more affordable

methods to reduce emissions in power generation and manufacturing, along with removing carbon dioxide from the atmosphere.”

ExxonMobil and Global Thermostat are also exploring opportunities to identify economic uses for captured carbon dioxide.

“Scaling solutions that can address climate change globally requires significant investment, innovation and collaboration,” said Peter Eisenberger, chief technology officer and co-founder of Global Thermostat.

“Global Thermostat’s game-changing direct-air capture and flue gas capture technologies offer a way to transform the growing risks associated with carbon dioxide emissions into a global solution that could satisfy both business and environmental objectives.

By partnering with ExxonMobil, we’re harnessing the expertise and capabilities of one of the world’s largest energy companies to accelerate our ability to realize that vision.”

Energy Laboratory and National Energy Technology Laboratory to bring lower-emissions technologies to commercial scale. Since 2000, ExxonMobil has invested more than $9 billion in energy efficiency and low-emission technologies such as carbon capture and next generat ion biof uels.

ExxonM o b i l also works with about 80 universities around the world to explore nextgeneration energy technologies.

Source: ExxonMobil

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IT & TECHNOLOGY

New dump truck app

the latest in Uber-style market trend

By Subcontractors USA News Provider

P

eer-to-peer marketplace apps are all about getting rid of the often expensive and usually timeconsuming intermediary process and connecting users directly to the services they need.

This way of doing business has become popular with everything from vacation rentals a la Airbnb to ride sharing via Uber and Lyft.

That desire for convenience — and the ability to save some time and money — has worked its way into the construction industry as well.

Trelar is the latest such service. The Austin, Texas-based startup is getting ready for its July launch of a networked marketplace mobile app that will provide contractors with on-demand dump truck services.

Starting July 15, contractors in need of aggregates — the company expects to expand on this category of offering — will be able to schedule and pay for their deliveries at the touch of a smartphone button. Initially, the service will roll out on the West Coast and in South Florida.

Here’s how it works: First, general contractors and dump truck drivers, who are vetted for insurance and proper licensing by Trelar before they are allowed to pick up orders, submit their registrations. Then contractors can hire trucks by placing a marketplace order, which is then picked up by the first interested

and available driver, or by placing an order with a trucking service they have worked with in the past but using a Trelar account. Producers of building materials can also sign up and send work orders out for fulfillment.

The construction industry is ripe for this sort of automation, said Gary Clarke, Trelar CEO and founder, who noted that more than 90% of the dump truck market is held by independent contractors with fewer than six trucks.

“It is a very fragmented sector,” he said. “Right now, it's a really inefficient way to be able to search, schedule, book and then actually transact a truck.” The current process is “archaic,” he said, with too much reliance on paper receipts and Post-it note reminders stuck to the walls.

Trelar joins Trux, a similar service, in helping to bring some organization to what Clarke said is

a $20 billion-a-year business in the U.S. Others looking to make inroads in the space include Dauber, TruckIT and DumpTruckLoads.com.

Trelar, Clarke said, has used social media to get the word out about the service and launch date and, as a result, has a healthy roster of drivers, producers and contractors ready to use the app as soon as it rolls out.

One feature that all sides will find useful is that Trelar, like Trux, handles payments as well. Dump truck drivers get paid once a week, regardless of whether a client has paid or not, and contractors and producers are billed every 30 days. In addition to being a more convenient payment schedule for contractors, a regular pay date, Clarke said, can eliminate the burden of erratic cash flow that many small trucking operators experience.

“That's a lot of working capital for anybody really, but for an independent operator, that's a lot of stress on their business,” Clarke said. “Trelar and others that are going into the space have all seemed to rally around that seven-day pay period. And that is a big inducement for a driver to sign up on the platform as well.”

So, just as it has happened with project management and other field productivity solutions, technology might continue to infiltrate the industry via smartphone.

“There's tremendous opportunity to go in and improve efficiencies and profitability … throughout the industry,” Clarke said. “So you're seeing a lot of really creative solutions come to market.”

Source: Construction Dive

IT & TECHNOLOGY

Tracking Jobsite Workers with Wearables Boosts Safety and Productivity

By Subcontractors USA News Provider

I

f a worker fell on the jobsite, how fast would the operations and safety managers learn about the incident and be able to locate the worker to render assistance?

When a construction company hires a subcontractor for a big job, does it always know if the sub has the promised number of crew members working on the project on a given day?

Wearable technology can provide instant visibility into a jobsite workforce in these situations and many others. Wearables help contractors make sure their people are safe and that they stay productive.

KeepingWorkers WorkersSafe Safe Keeping How wearable technology works, for example, is when someone enters the jobsite – part of a contractor team, a subcontractor or even a visitor – the person puts on a tracking device, such as a Spot-r clip.

The clip lets the contractor know where each person is located at any given time (both horizontally and vertically). But these devices aren’t about “spying’; they are not counting steps. Wearable devices offer substantial benefits for both management and workers.

If a worker wearing the device suffers an injury or has a sudden medical problem, a quick press on the clip’s emergency button sends an alert to a designated supervisor.

In addition, the clips are equipped with an accelerometer, gyroscope and altimeter so they can detect falls and will send an automatic alert to appropriate personnel in the event of one. In these situations, managers can get assistance to the worker faster because they know immediately when something happens and where the worker is located.

If a jobsite emergency such as a fire or a chemical leak occurs, managers can trigger an evacuation that sounds on each worker’s device to start an evacuation process.

BoostingProductivity Productivity Boosting While safety is paramount, wearable technology can also help contractors improve productivity.

For instance, with wearables, project managers gain the ability to proactively manage their jobsites. Data from the de-

vices can be used for time and attendance, compiling daily level of effort and payroll.

The technology provides real-time worker location by floor and zone. Location capabilities can be tailored by craft type, providing closer looks at carpenters, electricians, laborers, drivers and more. From a management perspective, managers gain a powerful look into how labor resources are deployed in real time on a dashboard map. This view can uncover instances where teams are working in the wrong areas and prompt redirecting workers.

On small jobsites, knowing who is onsite is relatively straightforward. But that changes with larger jobsites. If a contractor has a jobsite with 50 or more people and multiple different trades on location, it can be very difficult to keep track of how many plumbers or electricians the company has on, for instance, the 19th floor of a building project. Wearable technology relies on a mesh computer network – not GPS – so it provides enhanced situational awareness indoors as well as outdoors.

Typically, a contractor may not discover this information until a project is behind schedule. As the company explores the reasons for this occurrence, only then it may learn labor resources were not deployed properly. This process gets even more challenging when contractors are

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involved, with a general contractor learning – perhaps too late – a subcontractor moved people over to another project or that some workers did not show up.

Wearable technology provides contractors the real-time visibility into exactly what trades are onsite, how many are onsite, and what zone they’re working in. A single device can be associated with numerous jobsites, enabling firms to optimally allocate worker resources across multiple projects.

The technology can also help contractors manage equipment on the jobsite, so construction firms have a complete look at both equipment and worker utilization as well as site safety. This approach can save multiple hours during the work day by helping contractors know where equipment and people are located.

ManagingWorkforce WorkforceUptime Uptime Managing Location is critical – especially when it comes to safeguarding workers. Wearable technology provides a day-in-the-life perspective on workforce resources to not only be sure they are properly deployed but also enhance safety by enabling fast response in time of injury or crisis. It enables contractors to manage uptime for the people-side of the job.

Source: Associated General Contractors

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Creating Meaningful Connections.

Delivering Impactful Growth.

Become a part of the premier leader in North Texas to connect Buying Entity Members (corporations and public sector agencies) with certified ethnic minority-owned businesses in order to deliver innovation, supply chain excellence, a competitive marketplace advantage and economic impact to our communities.

Building business relationships focused on minority inclusion

Certification

Gold Standard for certifying MBEs

Innovation

Innovative & disruptive supplier solutions

Customer-Focused

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Connections s

Buying Entities with MBEs and MBE-to-MBE

Competition

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Operated by the D/FW MSDC

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LEGAL

Choice of Law/Forum Selection Blog

By Nathan Estrada Contributing Writer

A

dmit it! You have checked the box next to the Terms and Conditions when making a purchase or signing a contract and never actually look at the terms and conditions a million times. We have all signed contracts without reviewing each paragraph, often just focusing on what it’s going to cost us and how long the contract will take to complete. With the trend of signing contracts electronically increasing in popularity, it becomes even easier to miss important portions of the contract. When it comes to contract terms, there are a few very important terms that you should make sure to review before signing any contract and that is the choice of law/forum selection provision that most contracts contain. In addition to the choice of law/forum selection provisions in contracts, recently some contracts also contain a jury waiver. This can especially be dangerous depending on the type of case you have. If a contract is completed without any hiccup, these provisions never come into play. However, if you run into trouble during the completion of a contract, these provisions can make all the difference in the world.

ChoiceofofLaw LawClause Clause Choice Most contracts contain a choice of law provision usually near the end of the contract. A choice of law clause allows the parties to a contract to choose the substantive law of a certain state to apply to the contract. This would allow the parties to choose Texas substantive law even if the matter is adjudicated in another jurisdiction. While courts generally abide by parties’ bargained for and expressed choice of which state’s laws govern the performance of a contract, the contracting parties’ freedom to choose what state’s law applies is not unlimited. Parties cannot require that their contract be governed by the law of a jurisdiction which has no relation to them or their agreement.

ChoiceofofForum ForumClause Clause Choice The choice of forum clause allows the parties to select the particular state or jurisdiction where adjudication will take place, if necessary. Often times the choice of law and the choice of forum provisions are contained in the same paragraph or section of the contract. Courts generally allow the parties to contract for both of these clauses.

This clause could affect the cost of litigation should the parties’ contract contain a location where the neither of the contracting parties reside or conduct business.

JuryWaiver WaiverClause Clause Jury Some contracts now include a waiver of the jury trial should any issue involving the contract need to be litigated. Although the Texas Constitution states that the right of trial by jury shall remain inviolate, some contracts now contain a waiver of jury trial usually found near the end of the contract. Contractual jury waivers are enforceable, but they must be found to be a voluntary, knowing and intelligent act that was done with sufficient awareness of the relevant circumstances and likely consequences. If the jury waiver language is conspicuous, it will be presumed that it was contracted to knowingly, intelligently and voluntarily. The waiver language is conspicuous if it is “so written, displayed or presented that a reasonable person against which it is to operate ought to have noticed it.”

Each of these clauses can have important implications both financial and legal.

Choice of law and choice of forum clauses could end up costing significant amounts of money depending on the type of contract signed and the resulting disputes over those contracts. Some jurisdictions have regulations that are more favorable to companies than individuals while some jurisdictions may offer the contract drafter a “home team” advantage over the contractor signer. The jury waiver clause can also have very important legal consequences if left unchecked when signing a contract.

There are some cases that you would want a jury to hear more than others. It is important not to give this right away before you even know whether or not litigation may become necessary.

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REPRESENTATION FOR ALL

NAMC-DFW IS CREATING OP

By Subcontractors USA News Provider

T

he National Association of Minority Contractors – Dallas/Fort Worth Chapter is hosting its annual NAMC-DFW Business Expo and Golden Shovel Awards at the Live! By Loews Hotel and Conference Center in Arlington, Texas. This event will consist of over 300 participants, made up of contractors, consultants and NAMC stakeholders.

At the business expo, prime contractors will showcase their business and network with trade contractors. To follow, the first annual Golden Shovels Awards will commence, with special remarks from Mayor Jeff Williams of Arlington, keynote speaker Senator Royce West and special guest speaker United States Marine Corps (Retired) Major General Craig Timberlake.

“The Golden Shovel Awards showcases hard working construction firms that have made strides,” Jeffery Postell, NAMC DFW Board Chairman said. “It also exposes them to potential clients and opportunities to grow.”

“NAMC DFW is committed to pursuing, winning and executing opportunities for our members and establishing minority economics for years to come, and this event is Experience Our World of Advertising, Marketing, Media and Communication

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PPORTUNITY FOR EVERYONE

“The Golden Shovel Awards showcases hard working construction firms that have made strides.” one way we show that,” Demetria Bivens, NAMC DFW Executive Director, said.

NAMC was founded in 1969 as a non-profit trade association dedicated to addressing the needs and concerns of minority contractors. With the U.S. engulfed in international and domestic wars at the time, a domestic battle for a fair share of the economic pie arose. The minority contractors of NAMC met in hopes of forming strategies aimed at getting a bigger slice of the construction portion of the economic pie. Since then, NAMC has expanded to 21 chapters across the United States.

“I attended my first NAMC National Conference in Houston, Texas in 2012,” Bivens said. “And after hearing several notable speakers like LaDoris “Dot” Harris, who at that time was recently appointed by President Obama as Director of Economic Impact and Diversity at the U.S. Department of Energy, U.S. Congresswoman Sheila Jackson Lee and Warren Whitlock, Associate Administrator for Civil Rights, Federal Highway Administration as well as attending various workshops, I said ‘wow! This is an association I want to be involved in.’”

Bivens knew this was something the Dallas Fort Worth area could benefit from and began investigating as to why there was no chapter in the area. She heard several reasons of why

—Jeffery Postell NAMC DFW Board Chairman

“It also exposes them to potential clients and opportunities to grow.” there was no chapter and received a great deal of push back in her efforts to start one.

“Sure, we have Regional Black Contractors Association, Asian Contractor Association, Regional Hispanic Contractors, Women in Construction and several others,” she said.

“But the biggest differentiator for NAMC DFW is that we represent all ethnicities and women-owned businesses, and we truly focus on Capacity Building Programs for our members.”

Bivens knew there were minority and women-owned firms that needed a voice and were looking for more opportunities to truly start growing capacity in their companies.

“I was very early in my career in the construction industry,” Bivens said. “But I was up for the task.”

She began meeting with various buying entities and having conversations with political figures such as Senator Royce West, Congressman Marc Veasey, State Representative Chris Turner and Congresswoman Eddie Bernice Johnson in order to gain some feedback. Through these efforts she was able to start the formation of the DFW Chapter, and in May 2016, she, along with a strong board of directors, officially launched the chapter.

The DFW Chapter has upheld the NAMC mission to advocate for a diverse membership in order to access contracts and resources as well as increase readiness to successfully perform in the construction industry.

“We are excited about our members and potential members having the opportunity to learn about NAMCDFW and our initiatives as well as hear testimonies from our Prime and subcontractors about the successes they’ve gained from engaging with our chapter,” Bivens said.

“NAMC-DFW means a lot to the contractor community in the Metroplex but, specifically, means a lot to the Trade Contractor Community,” Postell said. “Our ability to meet Trade Contractors, understand where they are in their growth process and connect them to potential opportunities in the right market with the right Prime Contractors is our strength. There are not enough Trade Partners to go around in this hot metroplex market and we want to make sure our Trade Partner members are positioned to succeed and win!”

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PERMITS

10 Benefits Of Pulling A Building Permit

By Helen Callier Contributing Writer

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ontractors, do you understand that you are throwing away hundreds of thousands of dollars and risking your business when you skirt around regulations by starting and completing a construction project without obtaining a building permit?

Sure, they take time out of your busy day, are challenging to obtain and involve lots of documents, but the benefit of pulling a building permit is that they alert customers that you are a responsible contractor and have taken the step to ensure customers projects are in compliance to local jurisdiction building codes.

To assist you in your business, below are 10 benefits of obtaining the proper building permits and why you should always pull a building permit when the scope of work dictates. #1. Ensures Safety – building a safe structure minimizes your liabilities, and the first step in this effort is obtaining a construction permit. #2. Helps Customer to be able to properly sell property – there is no worse feeling than preparing to sell a building and you run into a slight glitch as the interested parties request to see building permits and certificate of occupancies for construction work completed.

While skipping the permit early on gave the appearance of saving money, the bill comes due and is costly when customer prepares to sell their property. #3. Assists customers in obtaining bank loans and

financing on a property - many construction loans across the country cannot go through unless there is proof of a building permit being pulled. And if Owner pays out of pocket for construction and then seeks financing later for work completed, again evidence of a building permit most of the time is required. #4. Shows professionalism #5. Reflects Subcontractor’s principles – intentionally not pulling a permit when required implies an unethical nature and character of contractor. #6. Indicates care for your customer – there are many ways to show that you care about your customer and capable of doing quality work. One way is pulling a permit and posting it on site where it is visible to your customer. #7. Reflects your credibility and reputation in the community and industry #8. Keeps you in good standing

with jurisdiction – City Inspectors talk amongst one another and have keen insights in the industry where they eventually identify by stopping by job sites or find out through other means which contractors that do not regularly pull permits. $9. Helps to obtain jurisdiction inspection of completed construction and receiving Certificate of Occupancy (CO) – without a building permit, a City inspection and CO will not be obtained. And if you call for an inspection without pulling a permit, your costs on project will drastically increase. #10. Denotes in compliance with local jurisdiction building codes and regulations

Conclusion InInConclusion As a contractor, you can be on the right side of industry regulations by pulling building permits and when doing so you gain several benefits as the ones noted above. And, if by chance you get so busy and truly missed obtaining a building permit, there are corrective measures you can take to still pull a permit, and contacting helpful Building Permit Expediters like the PermitUsNow team is one such way. Building Permit Expediters are knowledgeable of building codes, have established relationships and many have experience in handling all kinds of permitting scenarios. Do you have any other benefits for pulling a building permit?

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SAFETY

Prioritizing Worker Wellness:

Combining Education and Technology for Injury Prevention

By Subcontractors USA News Provider

C

onstruction is risky business. According to OSHA, one in every five private sector worker deaths in 2017 (the latest year recorded) was in construction. That’s 971 fatalities.

Jobsite safety precautions can address the top culprits: falls, struck by object, electrocution and caught-in/ between. However, there is another danger on jobsites that gets less attention but has a much higher incident rate: injuries.

For construction workers, performing basic job functions and daily motions incorrectly – walking, standing or lifting – can result in a serious or lifethreatening injury.

The perception of construction as a dangerous job is likely one of the reasons the sector is in a talent crisis.

In order to safeguard existing workers, attract new ones and protect themselves legally, construction businesses need to put an emphasis on safety.

A dedicated wellness program, with an emphasis on physiologically informed safety knowledge, is a smart effort for any construction organization. It helps with injury prevention and differentiating that company as an attractive employer. Here are the key elements a construction wellness program should include:

AnatomyEducation EducationAnd AndPracticing PracticingThe Right Anatomy The Right Postures Postures It’s not a mystery why most construction workers have bad backs. The job is physical. But this issue is avoidable. Many workers either think “I know how to walk and carry – I’ve done it my whole life.” Or they just started picking up tips by observing when they started in construction. But how many have actual training on anatomy?

Offering anatomy education – combined with physical practice of the right posture for tackling different parts of the job – is the cornerstone of a wellness program.

It should be part of any new employee onboarding and offered regularly to retrain existing workers on best practices.

A key point to teach is the difference between “precision” and “power” fingers and using the right ones for different tasks. Another mindful lifting, climbing and walking – information on which muscles protect your back and techniques to appropriately safeguard it, such as ensuring three points of contact (two feet and a hand, or vice versa) when climbing into equipment.

Unless people have in-depth understanding of all this, they’ll likely use their muscles wrong and injure themselves. And it’s not just the informational education that’s needed. Companies need to incorporate practice of these motions in a classroom-style setting outside the field, until they’re perfected.

FatigueAwareness AwarenessAnd AndCompliance ComplianceWith Fatigue With Break Break Time Time Handling heavy equipment for long periods of time is not only physically demanding. It leads to mental fatigue too.

Companies need to educate workers on how to recognize signs of physical and mental fatigue: body temperature fluctuations, increased heart rate, lightheadedness, forgetfulness, inability to focus. These indicators of both physical and mental fatigue are often a precursor to the mistakes that often lead to a more serious injury or possible fatality.

In addition to training on the signs of fatigue, ensuring worker compliance with breaks is critical. That may mean putting a manager in charge of walking around and physically telling people to stop working if they aren’t already doing so at the appropriate times.

Rest and relief times are central to overall wellness, and that requires a top-down commitment to prioritizing the time where workers can unwind physically and mentally.

IntegratingSafety SafetyTechnology Technology Integrating Physiologically informed knowledge is the basis for safety and wellness, but technology can be a big aid as well. Wearables are used in many wellness programs, often to keep desk workers active throughout the day, but can monitor vital signs for construction workers who perform physical labor in natural elements and intense weather.

Many organizations are also using GPS technology and geofencing to track safety hazards such as speeding (a major cause of “struck by” incidents) or equipment

operating outside of its ap- proved zone. They’re also using technology to manage maintenance and inspection schedules and daily reports, to ensure there are no outstanding repairs or dangerous equipment on site.

Monitoring the safe movement and operation of assets is critical, and that can’t always be achieved on the construction site, where it’s hard to see everything going on. This is why technology that provides in-office management visibility and identifies hazards has become so popular. Integrating it into a safety program greatly strengthens a company’s results.

In the mix of everything that needs to be addressed, worker wellness often falls to the wayside. Companies that don’t invest in physiology at all may be contributing to long-term damage and injury of their workers.

As an employer, focusing on safety through worker wellness and supporting technology is the right thing to do. It will also help prevent on-site mistakes and injuries, boost your reputation as an employer amid this talent shortage and create a more productive workforce that keeps projects on-track and completed with the highest standards of quality.

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Source: Associated General Contractors

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SAFETY

The other fatal 4:

TRANSPORTATION

Continuing Improvements: Houston Ship Channel Widening And Deepening Is Gaining Momentum

By Subcontractors USA News Provider

T

Report warns of less-considered major construction health hazards

he U.S. Army Corps of Engineers’ study of potential improvements to the Houston Ship Channel is nearing completion. The study, that began in 2015, has been conducted in partnership with Port Houston and has examined the feasibility and national benefits of various widening, deepening and other improvements for the channel. This will be the eleventh major improvement project to the waterway over its century and a half history.

As the local sponsor of the waterway, maintaining and improving the Houston Ship Channel is the top priority for Port Houston. The improvements being studied seek to ensure that the waterway safely continues to accommodate the growth of commerce in the greater Houston region. “We hope to make this a model project for the nation,” said Port Houston Chief Port Infrastructure Officer Rich Byrnes.

Noise Noise

By Subcontractors USA News Provider

A

sk anyone familiar with construction hazards, and you'll likely hear about those on OSHA's Top 10 Safety Violations annual list or the agency's Fatal Four — falls, struck-by incidents, electrocutions and caught-in-between accidents.

The danger of falls, in particular, has garnered the industry's attention as the most common cause of accidental construction injuries and deaths. And the agency has shown its commitment to enforcement in this area, as often the most-cited violations are related to OSHA's fall protection standard.

“We hope to make this a model project for the nation.”

High noise levels are linked to myriad conditions including hearing loss, tinnitus — a chronic ringing in the ears — sleep disturbances, cardiovascular disease, hypertension, depression and balance impairment. The AIHA said that, according to its research, almost 75% of construction workers likely have been exposed to noise levels above the recommended exposure limits set by the National Institute for Occupational Safety and Health.

— Rich Byrnes, Port Houston Chief Port Infrastructure Officer

Aircontaminants contaminants Air Asthma, irritation to chronic obstructive pulmonary disease, nervous system problems, kidney damage and cancer are just some of the short-term and long-term conditions that can be caused or exacerbated by dust, fume, vapor and gas exposure on a jobsite.

More than 50% of construction workers have reported that they are regularly exposed to these substances twice a week or more on the job. This could be one of the reasons, the AIHA said, that the risk for developing an occupation-related disease is two to six times higher for career construction workers than it is for those who have spent most of their working years in other industries.

Hightemperatures temperatures High However, the American Industrial Hygiene Association, in its “Focus Four for Health: An Initiative to Address Four Major Construction Health Hazards,” is trying to make the industry aware of other site conditions that also pose a major threat to construction workers. They are:

Manualmaterial materialhandling handling Manual The AIHA publication says that the handling of construction materials can result in overexertion due to the lifting, pulling, pushing and carrying associated with this common task. These physical movements while handling materials are the top cause of work-related musculoskeletal disorders, which make up more than 30% of all work-related construction injuries and approximately half of all workers’ compensation costs.

Exposure to high temperatures on the jobsite can lead to a variety of heat-related conditions — heat exhaustion, heat syncope, heat cramps, heat rash — but heat stroke is the most serious. Heat stroke can cause death or permanent disability if ignored. Those who are new on the job are particularly vulnerable to heat illness.

While OSHA has no specific standard for heat, the agency recommends that employers train their employees on how to recognize the signs of a heat-related condition in themselves and others, as well as provide shade, water and frequent breaks to those workers exposed to high temperatures.

The improvements are needed as soon as possible, so Port Houston is working with the Corps, Congress, the administration as well as many local partners and stakeholders to expedite the approval and funding of this major project. The project is expected to cost one billion dollars, and port officials would ideally like the project to begin construction within the next few years.

“Through commitment and principles learned from our predecessors, and working together… our forward momentum is accelerating,” said Port Houston Executive Director Roger Guenther.

Source: Construction Dive

Source: Port of Houston

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TRANSPORTATION

American Airlines building $250M hotel, conference center • American Airlines is building a $250 million hotel and conference center at its new $1 billion, 300-acre Fort Worth, Texas, headquarters, according to The Dallas Morning News.

• The 620,000-square-foot, nine-story building will include a 600-room hotel, a 131,000-square-foot conference center, office and retail space, dining areas and a tavern, all sitting atop three levels of underground parking.

The News reported that although the building permit is still under review by the city of Forth Worth, construction is expected to begin within 60 days and be complete in 2021.

• The new center will serve as an education and training hub for airline employees and will be built on the site of a 1950s-era flight attendant school.

By Subcontractors USA News Provider

Dive Insight: The News also reported that the first employees will be moving into American’s new campus before the end of the month, followed by hundreds more during the course of the summer.

American has kept contractors in the Dallas metro area busy as the company and Dallas-Fort Worth International Airport (DFW) continue to make capital investments at and around its hub at DFW. In fact, just last month DFW and the airline announced that the airport would invest up to $3.5 billion in a sixth terminal for American and renovations to an existing one, all geared toward keeping American happy at its Dallas-area home.

The new Terminal F will have space for up to 24 gates, which will be phased in over time, and will be open by 2025.

Terminal C upgrades will include

updated check-in areas, new security checkpoints that can accommodate more people, additional space for concessions and cosmetic improv ements.

American also has a significant operation at Los Angeles International Airport (LAX) and is underway with a $1.6 billion terminal renovation there. It's the biggest single-airport investment for the company and will include work at its two terminals there. The scope of work includes a total overhaul of one terminal and upgrades to the other; 30 new gates that will serve both terminals; access to a new people mover;

new security lanes; and updated dining and retail.

American is also part of an $8.7 billion expansion at Chicago's O'Hare International Airport. The eight-year plan includes construction of a new terminal that both American and United Airlines will share.

American at first balked at the way airport officials allocated gates between it and United and threatened to sue the city and reduce its service to O'Hare. Former Chicago Mayor Rahm Emanuel, however, was able to broker a deal that satisfied both airlines.

Source: Construction Dive

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Salute to Minorities in Construction Luncheon The Houston MBDA Business Center hosted its 5th annual Salute to Minorites in Construction to honor minority-owned construction firms and the advocates and organizations that support them.

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