fall 2011 • a publication of the alabama road builders...

THE ALABAMA THE ALABAMA THE ALABAMAROADBUILDER

Fall 2011 • A publication of the Alabama Road Builders Association

A L A B A M AREBUILDING

A L A B A M A

A L A B A M AR E B U I L D I N G

R E B U I L D I N G

R E B U I L D I N G

R E B U I L D I N G

R E B U I L D I N G

R E B U I L D I N G

R E B U I L D I N G

R E B U I L D I N G

R E B U I L D I N G

R E B U I L D I N GARBA Members Aid in Tornado Recovery

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The Alabama Roadbuilder • Fall 2011 3

ROADBUILDERFall 2011 • A Publication of the Alabama Road Builders Association

THE ALABAMA

conTEnTsExecutive Director’s Message ..................................................5

President’s Message ................................................................. 7

Rebuilding Alabama:

ARBA Members Aid in Tornado Recovery ...........................8

DC Fly-in: A Capitol Hill Visit ............................................ 10

From The Alabama Department Of Transportation ..............11

Convention 2011:

ARBA Soaks in the Sunshine in The Keys ......................... 12

This Is Not a Drill: Massive Transportation

Cuts Could Be Coming Soon ............................................... 14

Officials Applaud First Phase of 1-85 Extension ................. 16

Employment Immigration Update ........................................ 18

Alabama’s 2011 Tort Reform Laws .....................................20

Member Profile: DuBose Construction Company, LLC ....22

Heard Along the Highway ...................................................23

Products & Services Marketplace .......................................24

Index to Advertisers .............................................................26

Advertiser.com .....................................................................26

ARBA OFFICERS, DIRECTORS & STAFF

President MICHAEL H. MCCARTNEY

Vice President KEITH ANDREWS

Treasurer CRAIG FLEMING

Secretary CHRIS NEWELL

Immediate Past President (acting) ST (SONNY) BUNN, JR.

Directors 2010-2011 GREG ABRAMSON RANDY BILLINGSLEY JOHN BOYD SONNY BUNN TERRY BUNN BOB DAWSON JOHN FULLER LEE GROSS JOHN HARPER MITCHELL HARRIS JOE HOWLE RON JACKSON DAVE JONES PAMELA NORRELL KEARLEY CHRIS LOVOY TIM MCCARTNEY KACY MIMS TIM MULLENDORE JOHN E. MURPHY, III DAVID REED DEREK ROBERTS MIKE ROONEY I.J. (IKE) SCOTT, III JOHN G. WALTON NORMAN WALTON CHARLES E. WATTS, JR.

Published for: Alabama Road Builders’ Association 630 Adams Avenue Montgomery, AL 36104 (334) 832-4331 Fax: (334) 265-4931 www.alrba.org

STAFF

EXECUTIVE DIRECTOR BILLY NORRELL [email protected]

COMMUNICATION DIRECTORS TERRI MITCHELL [email protected]

HAYLEY DRUMWRIGHT [email protected]

Published by:

Naylor, LLC 5950 N.W. 1st Place Gainesville, FL 32607 (352) 332-1252 or (800) 369-6220 Fax: (352) 331-3525 www.naylor.com

PUBLISHER Kathleen Gardner

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LAYOUT & DESIGN Madhu Kashyap©2011 Naylor, LLC. All rights reserved. The contents of this publication may not be reproduced by any means, in whole or in part, without the prior written consent of the publisher.

PUBLISHED SEPTEMBER 2011/ALR-Q0311/6357

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BY BILLY NORRELL ARBA EXECUTIVE DIRECTOR

New ethics Laws, New OppOrtuNities

EXECUTIVE DIRECTOR’S MESSAGE

With AlAbAMA’S nEW EthicS laws, we have to be more careful than ever with the way we interact with our elected and appointed officials in Alabama. However, just because there are more thorough laws in place doesn’t mean we can’t still enjoy the same relationships we always have – we just have to follow certain new rules.

For example, when it comes to representatives from your company interacting with ALDOT employees on a job location, the Alabama Ethics Commission has determined that this constitutes a “work session” and that it is permissible, if the opportunity should present itself, for you or your employees to provide a meal (like lunch at the local barbecue place) for those ALDOT employees with whom you are working. The commission recognizes that the relationship that exists between the company and those ALDOT employees is critical to the completion of the project on which they are working, and that daily interaction is part of the process and a meal would not constitute a violation of the new ethics laws.

ARBA has several events throughout the year that have historically involved the participation of ALDOT guests. We have been told we can include ALDOT guests at the Hall of Fame ceremony, annual fall luncheon and officer installation banquet. (This year they will receive an address from Gov. Robert Bentley and new ALDOT Director John Cooper.) We also are working on the social events that have long been a part of the ARBA/ALDOT fabric, including the annual Spring Fling event in Gulf Shores and the Fall Golf Tournament in Montgomery, both of which raise money for the Ed and Charlotte Rodgers Scholarship Program.

For your information, here is what the Ethics Commission concluded with regard to our initial questions as it relates to a “work session”:

During the course of a project, a member of the Alabama Road Builders Association may provide a meal for the Alabama Department of Transportation (ALDOT) personnel to discuss problems or issues that have arisen during a specific project in an effort to resolve the problems, as this would be a work session under the Alabama Ethics Law.

Association members may provide a meal to ALDOT personnel in relation to a meeting to discuss future projects, new equipment, materials, proposed construction techniques, etc., as this could be considered a work session; however, hospitality may not be provided in conjunction with this meal, as hospitality would not be an integral part of the meeting.

A golf or fishing outing may be provided to ALDOT personnel attending a Road Builders Association meeting, when the meeting is held as an educational opportunity and the overall pur-pose is to provide information to ALDOT personnel and is not merely a recreational event, and hospitality is an integral part of the overall function.

As we get further clarification on the events we are asking about, we will certainly let you know. In the meantime, just follow the guidelines as they have been set forth and you will be fine. Remember, these rules were set up for our protection and the protection of those state employees and elected officials we interact with on a regular basis. If you ever encounter an occasion where you are unclear as to whether or not a certain event falls within the rules and you are unable to get an answer in a timely manner, let your conscience be your guide. Like I tell my children to ask themselves – “Do you think I’d allow you to do it?” If not, then you probably shouldn’t. ❏

If you ever encounter an

occasion where you are unclear

as to whether or not a certain event

falls within the rules and you are unable to get an

answer in a timely manner, let your

conscience be your guide.

6 The Alabama Roadbuilder • Fall 2011

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Peer-to-peer contact is the only way to get these

non-members on board, and I

challenge each of you to get these

companies to join ARBA.

BY MICHAEL H. MCCARTNEY ARBA PRESIDENT

a Year Of pride aNd prOgress

PRESIDENT’S MESSAGE

WhEn i AccEptEd thE nominating committee’s invitation to become an offi-cer in the association, I did not know what exactly to expect. Having completed an incredibly satisfying and productive year, I encourage others to take a serious look at volunteering your time to do the same.

In the last issue of The Alabama Roadbuilder, I wrote about volunteering time and energy to help your association prosper. Never have those words rung so true as when I sat down and reviewed all the things we have addressed since last October. We have seen our construction program struggle with little action from Washington, D.C., but with promises for better days ahead despite the failure of Amendment 3 at the ballot box. We have been politically active and have seen legislation we have promoted come to pass in the form of a new law (tax at the rack). We have helped our industry withstand attempts to place regulatory and administrative restraints on it that could have been devastating, and we are working to reduce and identify even more of these issues for our membership (claims, job close-out and force account task force).

All these things we could not have accomplished without the help of many pulling together as a team. While asphalt tonnage numbers have declined the last several years, and bridge builders and earth movers constantly face difficulties as a result of the minimal amount of projects let on an annual basis, we continue to persevere as an industry to provide the best and most affordable product for the taxpayers of Alabama. Alabamians deserve and will receive the best our industry can produce – a product of which we can all be proud.

I encourage the future leaders of ARBA and our industry to continue to work and bring the industry together as one cohesive family and grow the membership so that not one person or company out there is left who is not a member of ARBA. We carry non-members on our backs today. They enjoy the benefits of the legisla-tive, regulatory and political heavy lifting we have consistently performed on behalf of the transportation construction industry. It is time to get those who are riding the coattails of our successes to join the team. Peer-to-peer contact is the only way to get these non-members on board, and I challenge each of you to get these companies to join ARBA. This network of relationships is critical to the continued successes of ARBA.

I am honored to have had this opportunity to serve our industry. I know that the leaders that are in line for the presidency of ARBA will have many challenges to face as well, but with our unified support, they will be successful in their efforts. The future of ARBA is very bright, and I am proud to have been a part of its rich history. ❏


FEATURE

ARBA Members Aid

It wouldn’t be until the next day Bunn realized the full extent of the damage: missing street signs and mailboxes, down power lines, destroyed homes and people carrying garbage bags and pushing wheel-barrows with their belongings.

“When the sun came up the next morning, you could see the devasta-tion,” said the vice president of ST Bunn Construction. “I stood on a corner and I didn’t even know where I was. You came to the realization real quick this was going to have a tremendous impact in the com-munity you live in and work in and that it was going to take a tremendous recovery to get back.”

In the wake of one of the worst natural disasters in the state’s history, helping communities pick up the pieces has been the focus of some Alabama road builders.

In the immediate aftermath of the tornado in Tuscaloosa, road building companies including ST Bunn and RaCON, Inc. participated in weeklong

search and rescue efforts and cleared debris to the side of the road to make room for emergency response vehicles.

“There were several roads that were impassable,” said Keith Andrews, owner of RaCON. “We actually sent crews out that night. We worked all Wednesday night and Thursday morning. We had about 70 people Thursday pushing stuff to the side.”

A violent wall of tornados, which tore through such towns as Tuscaloosa, Birmingham and Huntsville, claimed 244 lives in the state and left behind flat-tened homes, downed trees, businesses in ruins and miles of debris where main arteries once flourished.

Once-familiar streets were unrecogniz-able in the shadow of destroyed shops.

“I went out to a section of Tuscaloosa and it was a really surreal sight to see the tremendous devastation,” Andrews said. “It was overwhelming. When I tried to start figuring out where I was all the landmarks were all gone.”

The sheer force of the storm blan-keted areas with debris: an estimated 1.5 million cubic yards of debris in Tuscaloosa County alone required removal after the storm hit, at an esti-mated cost of $100 million.

In early May, just days after the tornado, ST Bunn, RaCON and John Plott Company, Inc. formed a joint venture to streamline the clean-up

BY SUEVON LEE

When a powerful tornado struck Tuscaloosa on April 27, Terry Bunn was at home with his family, seeking shelter

in a safe place until the storm passed. By the time the winds subsided, it was dark out, the storm having

touched down shortly before nightfall.

TornadoRecovery

In the wake of one of the worst natural disasters in the state’s history, helping communities pick up the pieces has been the focus of some Alabama road builders.

in


process – 90 percent of which would be federally funded.

BRP LLC’s contract with Phillips and Jordan, Inc., the specialty contractor for the U.S. Army Corps of Engineers, allows it to oversee clean-up efforts in Tuscaloosa. It manages six disaster-recovery firms that have been assigned to one of six segments of the county. These companies, in turn, have hired nearly a combined 50 subcon-tractors to carry out the task of removing the debris in the region and ensuring its proper disposal.

BRP provides machinery that compiles vegetative debris so it can be shipped to other locations and be converted to mulch. Construction debris like roofs, walls and lighting fixtures torn from homes are being brought to landfills to be demolished.

Road crews have tirelessly collected debris that homeowners have pushed to the rights-of-way outside their houses. As of late July, an estimated 850,000 cubic yards of debris were removed in Tuscaloosa, with crews averaging 5,000 to 10,000 cubic yards per day.

In the first month and a half after the tornado, the clean-up process progressed at a steady clip as residents had plenty of strewn remains to place at the side of roads. Once they began tearing down structures, they created new piles that required disposal.

In more recent times, BRP was await-ing on approval from the U.S. Army Corps of Engineers to enter private properties to conduct location-specific debris removal.

“One of the reasons (Phillips and Jordan) came to us is the vast experience

we all have in construction. Also, our companies employ a lot of people and we have quite a management ability,” Bunn said. “We take great pride that the job’s been given to us.”

“We work seven days a week, 12 hours a day, every day since we started, including the Fourth of July. We’re going to do that until we finish,” he added. “The way the city looks now, compared to a day or two after the storm, we’ve made tremendous progress.”

City and county officials aimed to have the bulk of the cleanup completed by Sept. 3 – the University of Alabama first home football game of the season. A large con-centration of work, therefore, centered on the streets most visible to visiting fans.

“It will eventually be all cleaned up,” Andrews said. “The important thing is to remember that cleaning up the debris and destruction of the tornado is the very first step. The rebuilding is the main part that will have to take place over the next several years.”

One such reconstruction is already underway: fellow ARBA member Scott Bridge Company, Inc. of Opelika is repair-ing 330 feet of a railroad bridge in Holt that was damaged during the tornado.

Originally built in 1910, the bridge hovers 120 feet over Hurricane Creek, a protected waterway, and is used by the Alabama Southern Railroad for crossings. A new tower and girders will replace the damaged ones and new steel will be inserted. The expected completion date is November, said project manager Chris Canon.

“The bridge is going to closely resem-ble what was there before, in part because of the environment,” he said. “(The engi-neering firm) wanted to try and replace it in a way that blended in with the environment.”

Meanwhile, as the time widens from the date of the April 27 tornado, ARBA members have had time to reflect on the impact of the storm and the les-sons taught.

“The average person didn’t know how to deal with insurance companies, they didn’t know what the government was going to clean up, or backcharge, so there was a lot of misunderstanding and not a lot of information,” Andrews said. “I hate to say it, but if there’s a next tornado, everyone will be more well-informed.”

“Rebuilding Tuscaloosa will take many, many years before the scar of the tornado path is gone,” he added. “We’re just kind of dressing the wound now. It’s not healed by any means.” ❏

As of late July, an estimated 850,000 cubic yards of debris were removed in Tuscaloosa, with crews averaging 5,000 to 10,000 cubic yards per day.

Scott Bridge Company, Inc. of Opelika is repairing a section of a railroad bridge in Holt that was badly dam-aged during the April 27 tornado that tore through north Alabama.

Road crews managed by BRP LLC, a unit formed by ST Bunn, RaCON and John Plott Company, Inc., have been collecting and removing piles of de-bris outside homes following the April 27 tornado.

Editor’s Note: Read about how the tornado impacted other ARBA members in the Winter issue.


DC FLY-IN 2011

ARBA Attends Transportation Construction Coalition Fly-In May 2011

The long-delayed reauthorization of the federal highway legislation was the premier topic of the visits and the importance of getting a meaningful, robust and long-term bill out to America’s construction companies. They all expressed an interest in turning those monies into more work for their districts and the contractors throughout the state. We promised the members of the delegation that we would continue to work with ALDOT to help

create a productive relationship between the transportation department in Alabama and the Congress.

The ARBA delegation also met with Alabama’s Senators Richard Shelby and Jeff Sessions. They also offered any assistance in keeping the transportation construction program as strong as possible in Alabama.

ARTBA, the American Road and Transportation Builders Association, has

its hands full with addressing all the requests from Congress, as well as its state chapters as the reauthorization deadline approaches. Our members got to see and hear first-hand what all is involved with crafting this legislation from the federal level. Thank you again for all the participants in this year’s annual visit to Washington, D.C. We hope you will make plans to join us on this trip next year as we continue to strengthen our relationship with Members of the Alabama Congressional Delegation in the spring of 2012. ❏

Alabama Road Builders Association members descended on Capitol Hill to visit with members of Alabama’s

Congressional Delegation. The meetings with the delegation went extremely well as the group got to see almost

every member of Congress from Alabama. On the visits to group offices, we had the chance to hear concerns from

the members about the lack of attention being paid to the transportation construction industry by the current administration.

Congressmen Jo Bonner, Martha Roby, Spencer Bachus and Mike Rogers were extremely informative as they shared their

insights as to the future of the federal highway reauthorization bill.

438524_Vulcan.indd 1 8/7/09 1:58:43 PM


thE opprESSivE SuMMErtiME hEAt and the state of affairs in Washington, D.C., are sort of alike: We can’t do much about either, but it doesn’t stop us from talking about it.

As I marked my seventh month as Alabama’s transpor-tation director in mid-August, the highs were between 95 and 100 degrees on a daily basis. While we’re coping with the heat, we’re also coping with a transportation funding deadlock left in limbo until early September when Congress returns from its August recess. With a federal funding bill that expired in 2009, and now seven different extensions that have left states mired in uncertainty for the future, I suspect we’ll see another extension to allow additional time to consider a multi-year funding plan.

Congress – as an institution – has allowed transportation funding acts to expire for decades. Coming back from recess, Congress must decide the future of the federal gas tax and provide a new federal funding act to replace SAFETEA-LU. Two funding ideas are emerging, which means extended debate is likely before a single plan moves to the White House for signature.

A House plan would be for six years and reduce federal funding in an effort to stay within the levels provided by the current federal gas tax. This could result in a pain-ful reduction of federal funding for Alabama. A different plan emerging from the Senate might include small federal funding increases, but would not be for the traditional six years. The latest talk from Washington is that a Senate version would be for two years, which would essentially require Congress to immediately begin debating a long-term funding act approach to avoid a repeat of the extension merry-go-round we’ve been on for decades.

Meanwhile, Alabama’s road and bridge needs are stag-gering. We would like to resurface 800 miles of state, U.S. and interstate highways annually, but we’re deferring about 200 miles per year. We would like to replace more bridges

than funding allows. Projects to relieve congestion are slowing down because of competition for funds to maintain existing infrastructure.

We fall short of meeting our current needs by some $300 million annually. That’s made worse by the unavoidable predicament of transferring some $63.5 million to the courts and public safety beginning Oct. 1. The legislative process has diverted more than $400 million from the public road and bridge fund since 1992. I’m working hard to apply our scarce resources where most needed. It’s also important to focus on projects that create jobs – both in terms of the work itself and the indirect impact of stimulating economic development.

I’ve made it a point to travel around Alabama since January. I believe it’s important to meet with local offi-cials, transportation stakeholders and citizens about their concerns, priorities and issues. The Alabama Road Builders Association and its member companies are important stake-holders, and we care about your concerns and need your support as we tread through uncertain times. Your support is important in the battle for a brighter financial future, but it’s also important day-to-day as we work together to make Alabama’s highways better. One thing you’ll be hearing more about is my desire to make ALDOT more customer-focused and customer-friendly. That may mean different ways of doing things at times to minimize public impacts. We’re already doing a lot to better serve the public, but this is something of growing importance because it’s the right thing to do and because the public is demanding that we minimize impacts, that we listen more and that we keep them better informed.

I’m pleased to be part of the Alabama Department of Transportation and to be part of Alabama’s road-building industry. Together, I look forward to coming through this long, hot summer and the job of meeting Alabama’s trans-portation needs. ❏

BY JOHN COOPER TRANSPORTATION DIRECTOR, ALDOT

traNspOrtatiON fuNdiNg pLaNs: a heated debate

FROM THE ALABAMA DEPARTMENT OF trAnSportAtion

12 The Alabama Roadbuilder • Fall 201112 The Alabama Roadbuilder • Fall 2011

CONVENTION

ARBA Soaks in the Sunshine in The Keys

ARBA Convention 2011 – Ocean Reef Club, Key Largo, Florida

The facilities of Ocean Reef were incredible. The service was equally as impressive as all guests were treated like VIPs all weekend long while overlooking the waters of the Straights of Florida. From the unbelievable weather, the spa, the general session, the dining, golf tournament, President’s dinner and dance (featuring the country’s No. 1 Jimmy Buffet tribute band, A1A) and the ladies brunch, ARBA guests were treated like royalty and experienced an event to be remembered for many years to come.

The general session meeting began with an address from TRIP Executive Director Will Wilkins, addressing areas including

the future of Alabama’s infrastructure to the policy actions of TRIP and how they work with ARBA to get our word in today’s many forms of media. Next, ARTBA President and CEO Pete Ruane addressed the funding issues facing the industry and challenges with the reauthorization legis-lation set to be debated this fall after an almost two-year delay. We were fortunate to have Mr. Wilkins and Mr. Ruane take the time to be a part of our special event and for making it so informative. Attorney Daniel Lindsey of the Montgomery fi rm Rushton, Stakely, Johnston & Garrett also participated in the session and addressed the issue of understanding and compliance

with Alabama’s new ethics laws. We thank all our special guests for taking time from their busy schedules to be a part of our program.

A special thank you to Sonny Bunn for organizing the golf teams for the golf tour-nament. The golfers played in one of our largest golf events ever for a convention, and the Calcutta was a big hit as usual. Thank you, Sonny, for all your hard work. Many thanks also to Hayley Drumwright for all her support during her fi rst convention.

Thank you ARBA members for all your support of YOUR association, and we hope to see you at all future conven-tion locations. ❏

The Alabama Road Builders Association ventured about as far south as it can go without leaving the continental

United States for its convention destination in 2011 – the Florida Keys. The group took its members and guests

to the Ocean Reef Club for another spectacular and very well-attended event. Michael McCartney, ARBA’s 2011

president, was the host for the event and took care of all the responsibilities that came with the territory. ARBA friends

and family members joined in this spectacular location and helped make it one of the most successful gatherings ever.

The unbelievable sights and surroundings of the Florida Keys provided memories for a lifetime, as guests and friends

enjoyed water sports, golf, sunny skies and a view like no other.

The Alabama Roadbuilder • Fall 2011 13The Alabama Roadbuilder • Fall 2011 13


ARTBA

This Is Not a Drill: Massive Transportation Cuts Could Be Coming Soon

Could we be just weeks away

from the largest cuts in federal

transportation investment ever seen?

BY PETE RUANE, PRESIDENT AND CEO, AMERICAN ROAD & TRANSPORTATION BUILDERS ASSOCIATION

14

It could happen, unless we provide enough support to those in Congress trying to do something about it.

Since t he 20 05 passage of SAFETEA-LU, the last federal highway/transit investment law, ARTBA has been advocating for a successor that is well-

funded and charts a new course for the future. But all along, we have warned that Congress could consider a variety of options, ranging from the type of far-reaching transportation investment increases the nation needs all the way to severe cuts in funding levels.

The Debate Heats UpLo and behold, there are those in the

current Congress — most notably the House Republican leadership — who want to limit federal highway and transit investment to the revenue coming into the Highway Trust Fund. At the same time, however, they are completely unwilling to discuss boosting that revenue. The result would be a cut in the federal highway program from more than $41 billion this year to $27 billion in Fiscal Year 2012, which starts this coming Oct. 1. That is a decrease of more than 34 percent, with a projected half a million industry jobs on the chopping block.

Even as fi scal issues are being hotly debated and all forms of federal funding seem to be at risk, some have said that these highway/transit cuts would never come close to happening. The programs are too popular with members of Congress; there would be too much pressure from

local elected officials to fund certain projects; Congress has never cut before; it would be unprecedented, etc.

The Reality of LifeARTBA has creatively developed new

selling points for federal transportation investment, and we will continue to make our case to Capitol Hill. But the industry can no longer rely on the mere “popular-ity” of these programs with members of Congress.

Here’s the reality of life in our nation’s capital, circa late summer 2011. Republicans and Democrats are at log-gerheads like never before. A main point of contention is federal spending. There are more than 100 new members of the U.S. House and Senate this year, many of whom believe they have a voter mandate to reduce federal spending of all kinds. And federal transportation investment is not exempt from this debate.

The ProposalsIn early July, House Transportation

& Infrastructure Committee Chairman John Mica (R-Fla.) announced the out-lines of his reauthorization bill, with reduced investment levels following the budget parameters dictated by his party’s leadership in that chamber. His bill’s six-year investment levels would total $230 billion. And that’s without adjusting for infl ation.

The chairman’s proposal includes much needed reforms that would reduce red tape and bureaucratic hurdles that stand in the way of many important projects critical to our economic vitality. His proposal also would encourage greater private sector investment in transportation improvements


and focus federal investments on clear national priorities.

Meanwhile, Senate Environment & Public Works Committee Chairman Barbara Boxer (D-Calif.) and Ranking Member Jim Inhofe (R-Okla.) have devel-oped an outline of a bill that would not only avoid cuts in highway/transit invest-ment, but it also would include modest increases for inflation over two years.

Support Your Representatives!That both the House and Senate

Committees are ready with multi-year reauthorizations bills represents some real progress. Securing a bipartisan bill in the Senate is not only key to avoiding a potential 34 percent cut, but also to keep the reauthorization process moving forward. That’s why ARTBA has asked its membership to focus on their U.S. senators over the coming weeks. We must encourage bipartisan support for a Senate reauthorization bill that stabilizes invest-ment, if even for just the next two years. We will work with both the Senate and the House to produce a bill that contains the best of both proposals.

ARTBA continues to advocate, adver-tise, work the media, cajole, write, work Capitol Hill and do everything else you expect from your national association. But you are still the key ingredient.

Your U.S. senators must hear from you, their constituents, so they under-stand the dire state of the transportation construction industry in this recession, and the need to avoid massive cuts in your state’s federal transportation investment. Just dial ARTBA’s Action Hotline at 1-888-448-2782 to call

Capitol Hill in minutes and make your voice heard.

Remember, this is not a drill! These cuts are on the way unless we take loud and sustained action in coming weeks. You vote, so your senators will listen! ❏

Founded in 1902, ARTBA is the con-sensus voice of the transportation con-struction industry on the federal level. ARBA is ARTBA’s exclusive affiliate in the state. For more information, visit www.artba.org.

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Officials Applaud First Phase of

1-85 EXTENSION

Hyundai Motor Manufacturing Alabama’s plant in Montgomery delivers engines to the Kia Motors Manufacturing Georgia facility in West Point. That’s trucks making 11 daily round-way trips of 216 miles and trav-eling through downtown Montgomery. The proposed I-85 extension, which would connect Interstate 65 in South Montgomery to Interstate 85 near the Waugh exit, would benefit HMMA by using a less congested Interstate 85. Traveling on less congested roadways can save time and money.

Now add other Kia suppliers located off Interstate 65, such as MOBIS Alabama, into the equation and the reduction of transportation costs is greatly magnified. What about other manufacturers located in indus-trial parks off of Interstate 65 that truck products along Interstate 85? A completed Interstate 85 extension will reduce transportation costs for local businesses moving goods along the 650-plus mile Interstate 85 that goes through Georgia, South Carolina and North Carolina before ending in Petersburg, Va., as well as other interchanges and interstates.

“The 1-85 extension is not as much about retail as it is commercial and

manufacturing,” Montgomery Mayor Todd Strange said. “Anytime you can be along an interstate like that and have that instant access, it’s going to open up industrial parks, manu-facturing parks and high-tech parks. There will be some retail around the exits, but there won’t be a lot of exits between I-85 and I-65.”

Pike Road Mayor Gordon Stone said the I-85 extension “will benefit a great majority of Pike Road residents to get east and ease their access to the downtown area.” He said Pike Road “probably has 2,000 houses right there that can enter into the interstate traffic.” Stone said the I-85 extension would hit just east of Pike Road’s Town Hall.

I-85 ExtensionT

he eventual completion of the

Interstate 85 extension is all

about commerce and economic

development.

BY DAVID ZASLAWSKY

It’s going to be great for the City of Montgomery. Everybody in the state will benefit.

–Reed Ingram, Montgomery County Commission Vice

Chairman


can be relocated that would now have access around Montgomery and through Montgomery,” Strange said.

Montgomery County Commission Vice Chairman Reed Ingram said, “It’s (the Outer Loop) going to be great for our lodging. It’s going to be great for EastChase. It’s going to be great for the town of Pike Road. It’s going to be great for the City of Montgomery. Everybody in the state will benefit.”

Strange agreed: “Does it help the Pike Road area? Certainly. Does it help the southern part of Montgomery County? Certainly. Does it help the City of Montgomery, Prattville and Wetumpka? It absolutely does. It helps all of us.” ❏

Originally published May 2011, Montgomery Business Journal. Reprinted by permission, Montgomery Area Chamber of Commerce, Montgomery Business Journal. Copyright © 2011.

Although it may be years before the I-85 extension connects Interstate 85 and Interstate 65, the first phase is beginning and will be completed in two to three years. That first phase, called the Montgomery Outer Loop, may seem like a baby step – a 3.4 mile section to connect Vaughn Road to Interstate 85. But the overall project is not small – $150 million with 80 percent of the funding coming from the federal government and the remaining 20 percent from the state.

Another $120 million will be spent on a 9-mile project extending Vaughn Road to Carter Hill Road and Carter Hill Road to U.S. 231. The first phase is tentatively scheduled to start in late summer, accord-ing to John Cooper, director of transpor-tation for the State of Alabama. He said the department expected to be taking bids by late May or sooner. That first phase is several projects, which include completing some old work. The first new projects will add lanes and ramps on I-85. An auxiliary lane will be added to I-85 between the new ramps and the Waugh interchange, according to Tony Harris, government relations manager and bureau chief, media and community relations for the Alabama Department of Transportation. There will also be some slight re-alignments at the existing ramp locations for the Waugh interchange.

Cooper said work on the first phase “will provide tangible progress while we continue the required federal studies to (allow) preliminary engineering and right-of-way acquisition west of Interstate 65. It gives us momentum to continue building east and west in areas where we relieve congestion first and hopefully sustain our momentum.”

The project to connect Interstate 85 with Interstate 65 is currently esti-mated at $500 million. The Alabama Department of Transportation has a completion goal of 2022, but that is contingent on federal funding.

Extending Interstate 85 all the way to Interstate 20/59 near the Mississippi state line would cost $2.4 billion in today’s dollars for the 126-mile proj-ect. There could be up to 27 inter-changes, according to Harris.

The Montgomery Outer Loop was announced with all the fanfare expected

of a project long sought by local officials for the past two decades.

“This will alleviate traffic congestion on I-65 and I-85 through Montgomery, making the daily commute easier for tens of thousands while at the same time reducing the amount of truck traffic through downtown and making our area more attractive to poten-tial employers,” Montgomery County Commission Chairman Elton N. Dean said in a statement.

The announcement at the boardroom at the Montgomery Area Chamber of Commerce was also hailed as a major economic development project. Cooper said that Federal Highway Administration’s guidelines state, for every $1 billion spent on a transporta-tion project, 35,000 to 40,000 jobs are created. For the Outer Loop, that means 3,500 to 4,000 jobs.

“Don’t forget about the impact it will have on driving other projects that


LEGAL

EMPLOYMENT IMMIGRATION UPDATE

Arizona’s Legal Arizona Workers Act allows the superior courts of Arizona to suspend or revoke the business licenses

of employers who knowingly or intentionally hire unauthorized aliens and requires that all employers participate in

the federal E-Verify program to verify employment eligibility. Although several groups filed lawsuits challenging the

constitutionality of the controversial law, the U.S. Supreme Court upheld Arizona’s immigration law in a 5-3 decision on May

26, 2011, and in so doing, sanctioned the state’s requirement that employers use the federal government’s E-Verify program.

Shifting from the Southwest to the Southeast, on June 9, 2011, Alabama Gov. Robert Bentley signed the Beason-Hammon Alabama Taxpayer and Citizen Protection Act (“the Act”), which is quickly becoming heralded as perhaps the nation’s most stringent state immigration law to date. It will eventually require all Alabama employers to use the federal E-Verify program to verify employment eligibility and imposes severe and poten-tially fatal penalties for a business that fails to comply. The legislation initially passed the Alabama Legislature on June 2, 2011, only one week subsequent to the U.S. Supreme Court’s blessing of Arizona’s controversial immigration law.

The Act mandates that no employer shall “knowingly employ, hire for employ-ment, or continue to employ an unauthor-ized alien to perform work within the State of Alabama,” and applies to every private and public employer, regardless of the number of employees employed.

Although the Act states that it has no applicability to independent contractors or casual domestic labor relationships, it is illegal for an unauthorized alien to “knowingly apply for work, solicit work in a public or private place, or perform work as an employee or independent contractor.” Persons who violate this prohibition are guilty of a Class C misdemeanor and are subject to a fi ne up to $500.

The Act requires all employers receiv-ing any state contract, grant or incentive to use the federal E-Verify program to verify employment eligibility by Jan. 1, 2012. Effective April 1, 2012, all employers are required to use the federal E-Verify program. A limited carve-out for small employers exists under the Act and authorizes employers with less than 25 employees to contact the Alabama Department of Homeland Security, which will then perform the E-Verify process for said employers for free. The I-9 pro-cess is not eliminated by virtue of the

E-Verify process; rather the information gathered in the I-9 form is entered into the E-Verify system to verify employment authorization.

Each contractor and subcontractor, as a condition precedent to receipt of a contract, grant or incentive by the State or local government, must swear via Affi davit that it has not knowingly employed, hired or continued to employ any unauthorized alien, and provide documentation validat-ing its enrollment in E-Verify. A contractor must require of its subcontractors working on a state or local government project to provide the same affi davit and verifi cation of enrollment in E-Verify. A contractor will not be liable for a subcontractor’s vio-lation of the Act if the contractor receives a sworn affi davit that the subcontractor complied with the Act.

The hallmark of the Act – or, at least the part of the Act that is garnering Alabama employers’ attention – is the penalty structure imposed for violations of


the Act. A fi rst violation, as determined by a court, will result in a court order (1) that the employer terminate every unauthorized alien and that all state contracts, if any, be terminated; (2) that the employer fi le an affi davit with the local district attorney within three days of the court order swear-ing and attesting that all illegal aliens have been terminated and that the employer will not knowingly or intentionally employ an unauthorized alien in Alabama; (3) placing the employer on a three-year probationary period during which time the employer must submit quarterly reports to the local district attorney identifying every new employee hired within the quarter; and (4) suspending the employer’s business license for up to 10 days at the location at which the unauthorized alien was employed.

The license can be reinstated upon the employer fi ling an affi davit certifying it has enrolled in E-Verify and otherwise is in full compliance with the Act. Upon a second violation, the employer’s business license at the offending location will be permanently revoked. A third violation of the Act will result in a complete revocation of business licenses for all of the employer’s locations within the state. As an additional penalty, any employer that deducts as a business expense on its income tax return an unauthorized alien employee’s wages with knowledge of the employee’s illegal status will be subject to a monetary penalty in the amount of 10 times the deduction claimed.

Employers using E-Verify and who are otherwise in good faith compliance with the federal employment verifi ca-tion requirements will be entitled to “safe harbor” protection in the event an unauthorized alien is found to be working for the employer, because the employer would not have “knowingly” employed the unauthorized alien. This, of course, assumes that the employer can prove that E-Verify was used to verify the offending employee’s employment eligibility. Similar safe harbor protection exists for any employer that terminates an employee in compliance with the Act, assuming the termination otherwise comports with federal and state employ-ment discrimination laws. Under such circumstances, the employer will be immune from any wrongful termination claims by the terminated employee.

The Act also creates a new exception to Alabama’s at-will employment rule, stating that it will be unlawful discrimination for an employer to refuse to hire, or to fi re, a U.S. citizen or alien authorized to work in the United States while also retain-ing or hiring a person that the employer knew, or should have known, was an unauthorized alien. Damages available to the aggrieved employee include backpay and compensatory damages, as well as attorneys’ fees (subject to a cap equal to the amount of attorneys’ fees incurred for defense counsel). Punitive damages, how-ever, are unavailable. Unlike “traditional” employment discrimination laws, which allow an employer to defend an employ-ment discrimination claim through proof that the employee was terminated for a legitimate, non-discriminatory reason and not because of his/her membership in a protected class, the Act imposes a strain of strict liability upon the employer. In other words, if an employee is terminated, even for good cause, the employer will be liable for damages to the terminated employee if an unauthorized alien is retained by the employer.

Enforcement of the Act will be handled by a variety of state entities. The Alabama Department of Homeland Security (“ADHS”) is authorized to issue rules as to how the Act will be enforced, and to confer with the U. S. Department of Homeland Security to obtain a list of Alabama businesses enrolled in E-Verify and publish that list on the ADHS website quarterly. Further, any Alabama resident who believes a business has violated the Act by failing to enroll in E-Verify or by knowingly employing unauthorized workers may request the Attorney General to bring an enforcement action against a business via a signed petition outlining the alleged violation. The Attorney General

may then fi le a civil lawsuit against the business. County District Attorneys also may bring a civil action for enforcement of the Act against a business believed to be violating the Act and are involved in receiving sworn affi davits from fi rst-time business violators prior to reinstatement of their business licenses. Finally, the Alabama Secretary of State is responsible for promulgating rules regarding responses to orders from state courts for suspension or revocation of business licenses.

Like Arizona’s immigration law, Alabama’s new immigration law already is being challenged on a variety of legal grounds. However, in light of the U.S. Supreme Court’s blessing of the Legal Arizona Workers Act, it is reasonable to anticipate that the provisions of the Act applicable to employers will be largely if not completely upheld by the courts. As such, all employers should consult with their employment counsel to ensure that appropriate measures are in place to assure full compliance with the Act as soon as possible. Indeed, though the E-Verify provisions of the Act do not go into effect until either Jan. 1, 2012 or April 1, 2012, certain provisions of the Act relevant to employers, including but not limited to the anti-discrimination provision, are effective Sept. 1, 2011. ❏

Author’s note: Questions or comments should be communicated to Mac B. Greaves at Burr & Forman LLP in Birmingham, Alabama via email to [email protected] or via telephone to (205) 458-5172, or to Kristin Taylor Ashworth at Burr & Forman LLP in Mobile, Alabama via email [email protected] or via telephone to (251) 345-8215. This article is intended to provide general information concern-ing certain aspects of employment law. It does not constitute the rendering of legal, accounting, or other professional service and should not be used as a substitute for professional service in specifi c situations. If legal assistance or other expert assistance is required, the services of a qualifi ed professional should be sought. If legal advice is sought, no representation is made about the quality of the legal services to be performed or the expertise of the law-yers performing such service.

Like Arizona’s immigration law, Alabama’s new immigration law already is being challenged on a variety of legal grounds.


LEGAL

Alabama’s

BY JOE DUNCAN AND JEREMY GADDY

The Legislature, through the urg-ing of the Alabama Road Builders’ Association and similar organizations, has begun to address this issue. The initial bills that were passed in the spring session represent general efforts for tort reform; however, each affects road builders and contractors in some manner. They include revisions to the statute of repose for claims against contractors, venue for wrongful death actions, expert qualifications, post judg-ment interest, and retailer liability for product claims. Below are summaries of the relevant tort reform bills recently passed and how the new laws may work to your benefit.

Statute of ReposeFrom the standpoint of a road builder,

the most important bill passed by the

legislature changes the answer to the question, “How long after my company finishes a project can I legally be held liable for the condition of a road?” The new answer is, generally, seven years from the substantial completion of the project.

This time period is determined by a statute of repose, which is merely a deadline that the legislature uses to determine how long a contractor can be liable once work is finished on a project. Prior to the passage of the law, Alabama was one of only four states to allow claims for longer than a decade through its 13-year statute.

The law provides that all civil actions, whether based in tort, contract or other-wise, must be brought against architects, contractors, or engineers relating to design, planning, specifications, testing,

supervision, administration or observa-tion of any construction of any improve-ment to real property must be brought within the seven-year window.

Practically speaking, if a project is finished in July 2011, then a contractor cannot be liable for accidents that hap-pen after July 2018. If a party is injured prior to the 2018 deadline, then he is allowed a two-year period, as a statute of limitation, to bring his claim. As the state’s budget is crunched and attempts to get longer and longer life spans out of roads, with less and less state-completed maintenance, this law provides much needed protection to road builders.

Wrongful Death/VenueThis law restructures the way in

which venue is determined in wrong-ful death cases. Venue, as it pertains

Most of the nation saw a marked political shift during last year’s mid-term elections. Alabama was no different,

and the result is that the state now has the first Republican majority in our legislature since Reconstruction. One

of the more daunting, and overdue, obstacles that the legislators are faced with is the question of tort reform.

While a number of strides have been made to develop business ties in the state over the last 20 years, many businesses

consider Alabama to be less than favorable for business opportunities. A number of the reasons for this perception, and at

times, fear, relates to Alabama’s court system and the lack of progress in tort reform.

Tort Reform Laws2011


to civil lawsuits, is the court/county in which the suit is pending. As most road builders know, certain venues are typically more liberal/plaintiff-friendly, and because venue determines the jury pool, it can be vital to the successful defense of a lawsuit.

In Alabama, wrongful death claims are brought by a personal representative of the individual who died, the decedent. Under this bill, venue in wrongful death cases is determined by the county where Plaintiff’s decedent resided, rather than the personal representative’s county of residence. Thus, this law prevents the estate or plaintiffs’ counsel from choos-ing a personal representative who resides in a plaintiff-friendly venue solely to ensure the lawsuit could be brought in that unfavorable venue. Though venue determinations are complex and based on several factors, this new law will limit plaintiffs’ ability to “shop” for the venue that is best for them. There are still other counties that may be appropriate venues, including a corporation’s home county or the county where the accident occurred, but the bill helps to cut off the practice of “forum shopping.”

Expert QualificationsIf your company has been involved in

serious litigation, you are familiar with the role of experts in the courtroom. This is often a topic of frustration for road builders as the experts retained by plaintiffs rarely have any practical experience in building roads.

As of Jan. 1, 2012, this law will strengthen the admissibility standards regarding expert witness opinions. Under this bill, expert testimony is only admissible if it is: 1) based on sufficient facts or data; 2) the product of reliable principles and methods; and 3) has been reliably applied to the facts of the case by the witness. Though this legal jargon may seem trivial, requiring plaintiffs to have qualified experts to present their opinions in a lawsuit can be very important.

In short, by ramping up the require-ments for expert testimony, plaintiffs will be forced to support their opinions with the testimony of more qualified individuals who can set forth a scientific, fact-specific basis for their opinions. It

will be up to the Alabama Courts to properly implement this new standard for expert testimony. However, in other states and courts that have adopted the same standard, the number of frivolous opinions presented by expert witnesses has been reduced.

Post-Judgment InterestRoad builders that have had juries

return verdicts against them may be familiar with the appellate process. Following a verdict in a trial court, all parties are entitled to a review of their case by the Alabama Supreme Court or Court of Civil Appeals. One of the problems with such an appeal, however, is that plaintiffs were entitled to 12 percent interest per year on any judg-ment. Given that the appellate process can take well over two years, this is sometimes a barrier to moving forward with an appeal.

The post-judgment interest bill reduces the rate of interest on those money judgments (other than those based in some contracts) from 12 percent to 7.5 percent. Under this bill, money judgments bear interest from the date of entry of the judgment at 7.5 percent, and post-judgment interest is computed daily to the date of payment and com-pounded annually.

The functional outcome of this bill is that if your company is sued and then receives a judgment against it, the monetary risk that your company must leverage in order to appeal the judgment (and by not immediately paying the judgment) is now reduced. Whereas, previously, interest would accrue on the judgment at 12 percent during the pending appeal, it now accrues at 7.5 percent.

Retailer/Product LiabilityThe retailer bill protects Alabama

product retailers and small businesses from being sued in product liability cases in which they were not involved in the manufacture of the allegedly defective product. The bill is intended to protect retailers who are “merely conduits of a product” from liability in a product liability action. Under this bill, no product liability action may be asserted against “any distributer,

wholesaler, dealer, retailer, or seller of a product or against an individual or business entity using a product in the production or delivery of its products or services” unless it: 1) is also the manufacturer or assembler of the final product and that act is causally related to the product’s defective condition; 2) exercised substantial control over product design, testing, manufacture, packaging, or labeling and that control is causally related to the product’s condition; or 3) altered or modified the product in such a way that was a substantial factor in causing the subject harm.

In short, the new law prohibits plain-tiffs from suing those businesses that act merely as distributers, dealers, retailers or sellers of products when the plaintiffs allege that the cause of damages is the unreasonably dangerous properties of the product itself.

Looking ForwardThe bills passed in the last leg-

islative session are not the end of the tort reforms being discussed by the Alabama government; however, they do mark a good beginning and a welcome change to the prior state of the law. Importantly, in the next legislative session, the legislature will take up a bill that, if passed, would grant immunity to road builders after the state has accepted the project. The Alabama Road Builders Association has been working diligently on this legisla-tion, and it marks huge strides forward for the protection of road builders in Alabama. To support this upcoming legislation, take the time to contact your local legislators and express your interest in the outcome of this bill. ❏

Partner Joe Duncan ([email protected]) and associate Jeremy Gaddy ([email protected]) practice with the law firm of Huie, Fernambucq & Stewart in Birmingham, Ala. HF&S focuses on assisting clients with legal issues in all phases of litigation and assists in help-ing clients to control potential areas for exposure and liability. For more informa-tion on HF&S’s practice, or if you have comments or questions regarding this article please visit http://www.hfsllp.com or call (800) 865-8458.


MEMBER PROFILE

DuBose Construction Company, LLC

Following World War II, Flynn R. DuBose started working in the fast growing construction industry in the Southeastern

United States with Hooper Construction. In the early 1950s, DuBose, his brother and brother-in-law started their

own construction company known as DuBose Construction Company. The company joined the Alabama Road

Builders Association in 1956. It continued operating as DuBose Construction Company until 1961, when the company was

incorporated, and became known as DuBose Construction Corporation (DCC).

DCC was licensed to conduct business in the states of Alabama, Florida, Georgia, Mississippi and South Carolina. The company worked in both the private and public sector of construction. Major projects completed during the 1960s were projects in Leon and Lake counties in Florida and Baldwin and Escambia counties in Alabama. During these years, the company also performed work in Jamaica.

During the ’70s, the company had a major presence in the states of Florida and Alabama. The company completed approximately 45 miles of interstate construction in Florida during these years, including a 14-mile section of I-75 in Sarasota County. The company also completed several major projects for the Alabama Highway Department during these years. It was also during the

’70s when the company relocated from downtown Montgomery to its present location in the Mount Meigs area, just east of Montgomery.

In the 1980s, the company began focusing its construction business almost exclusively in the State of Alabama after completion of the Sarasota County, Fla., project. The company continued to bid and construct projects for the private sector. Just a few of the major projects completed included, apartment projects at Eastdale, McGehee Place, Eagles Landing and The Villas. Commercial site work included McGehee Place shopping, Eastdale Mall, Stratford Square and Eastdale Plaza. Other major projects included paper mills in Georgia and Alabama.

During the early 1990s, DuBose’s son, F.R. “Reggie” DuBose Jr., led his company into a new arena. The company took an active role in the site preparation and development of subdivisions and other real estate developments, such as Bridle Brook subdivision, Barrington Apartments and Peppertree Shopping Center.

Today, Clinton Berry III and Reid Gaston (F.R. Dubose’s grandson) have taken on the role of running the day-to-day operations of Dubose Construction Company, LLC. The company has contin-ued to compete in the highway construc-tion industry while maintaining various projects within the private sector. Recent projects include the Town of Hampstead, Medline Industries-Prattville, and AUM Entrance and Campus Improvements. ❏

From left to right, Reid Gaston, general superintendent and Vice President Clinton Berry III stand at the site of DuBose Construction’s latest project at Auburn University at Montgomery.


PRESIDENT’S LUNCHEON, ANNUAL MEETING AND SPECIAL PRESENTATION

The annual meeting and president’s luncheon is sched-uled for Sept. 30, 2011, at the Montgomery Renaissance Hotel. Make plans today to join us for this always festive tradition as we honor our outgoing president, Michael McCartney and welcome incoming president Keith Andrews and his board of directors. We will be joined by special guests Gov. Robert Bentley and ALDOT Director John Cooper. Please watch your mail for announcements about this special event and make plans to join us in Montgomery.

HEARD ALONG THE HIGHWAY

ARBA BOARD OF DIRECTORS 2011-12Newly elected directors have been selected by the

membership for a two-year term beginning on Oct. 1, 2011. They are: • GregAbramson,AbramsonLLC• LeeGross,OzarkStripingCo., Inc.• PamelaNorrellKearley,G.W.Norrell

Contracting Co., Inc.• JohnG.Walton, JohnG.Walton

Construction Co., Inc.

Elected board members who continue to serve for one additional year:• ST (Sonny)Bunn, Jr., STBunnConstruction

Co., Inc.• BobDawson,R.R.DawsonBridgeCo.,LLC• DavidReed,WhitakerContracting

Corporation• Norman J.Walton, J.S.Walton&Co., Inc.

Congratulations to those elected and remaining board members who dedicate their valuable time to the better-ment of the Alabama Road Builders Association.

ARBA FALL GOLF CLASSIC – OCTOBER 10, 2011The ARBA Fall Golf Tournament will be held on

Columbus Day, Monday, Oct. 10 at the Arrowhead Country Club Course in Montgomery. This event has received the blessing of the Alabama Ethics Commission allowing the participation of ALDOT employees. Please make plans to join us today as we return to a favorite course and look forward to another terrific crowd of friends and guests. Groups will tee off for the scramble affair just before noon and the field will be limited to 144 golfers, so watch your mail for entry forms and get your teams ready today!

ARBA HOSTS DBE SEMINAR WITH ALDOT AND FHWA The Federal Highway Administration and Alabama

Department of Transportation, along with your Alabama Road Builders Association, hosted a DBE listening seminar in August that was extremely well attended. The event allowed prime and subcontractors the opportunity to discuss issues they felt were important to the health of the industry and the DBE program and also allowed them the chance to make some new relationships within the construction community. Watch for announcements about similar upcoming events.

24 The Alabama Roadbuilder • Fall 201124 The Alabama Roadbuilder • Fall 2011

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sssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccceeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeesssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss...................................................

PALOMAR INSURANCE

WE HAVE YOUR BACK... ...YOU CAN FOCUS ON THE FUTURE.

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334.270.0105 • [email protected]

MONTGOMERY • TROY • BIRMINGHAM • ATLANTA

489479_palomar.indd 1 8/4/10 11:29:16 AM

For John DeereSales and Service, Call On:

66 Industrial Park Dr.Monroeville, AL 36460

334/575-7111

2149 Hwy 31 SouthPelham, AL 35124

205/988-4472

2255 Hwy 21 SouthOxford, AL 36201

256/831-0921

6801 McFarland Blvd. WestNorthport, AL 35476

205/339-0300

Hwy 31 SouthAthens, AL 35611

256/233-1914

3540 Wetumpka HwyMontgomery, AL 36110

334/277-7260

481893_Warrior.indd 1 6/3/10 1:02:28 PM

Traffic Control Equipmentand Services

www.protectionservices.com(866) 489-1234 635 Lucknow Road, Harrisburg, PA 17110

Solar Message CentersSolar Arrow Boards

Solar Sign StandSigns & Sign Stands

Glare ScreenDelineatorsReflectors

Crash AttenuatorsPlastic Drums & Cones

Safety EquipmentBarricades

Warning Lights & BatteriesTruck-Mounted Attenuators

Temporary Pavement MarkingsPlastic Fencing

Work Area Lighting

Ed McCombs2501 Pawnee Village Rd.Birmingham, AL 35217

Ph. (205) 849-5750 Fax (205) 841-3236

Pensacola, FL (850) 983-0714

Over 50 Locations Serving25 States ProvideRound-The-ClockService

PROTECTIONSERVICES

INC.

521284_Protection.indd 1 3/9/11 3:31:21 PM

249687_thompson.qxd 8/2/05 11:14 AM Page 1

6772 Highway 79 NP.O. Box 728 • Pinson, AL 35126

Tel.: 205-681-3395 • Fax: [email protected]

Specializing in installation of highway guardrails, signs and fencing

314834_Alabamaguardrail.indd 1 2/16/07 6:00:25 PM


412162_Southeast.indd 1 12/12/08 11:23:40 AM

1940 Pinson Valley ParkwayBirmingham, AL 35217Office: (205) 849-1727

Fax: (205) 849-1726

348413_Apache.indd 1 11/16/07 3:28:55 PM

PAINT SUPPLIER

Safety Coatings, Inc. 20180 Safety Lane P.O. Box 399 Foley, AL 36536-0399 Phone: (251) 943-1638 Fax: (251) 943-3689 E-mail: [email protected] Web: www.safetycoatings.com

ADVERTISER.COM INDEX TO ADVERTISERS

Alabama Barricade, Inc. .................................................. www.alabamabarricade.com ......... Inside Back CoverAlabama Guardrail, Inc. ................................................... n/a .........................................................................25Apache Construction ....................................................... n/a .........................................................................26Burnett Civil Contracting, LLC ......................................... www.burnettcivilcontracting.com ..........................24Cowin Equipment ............................................................ www.cowin.com ......................... Outside Back CoverErgon Asphalt & Emulsions, Inc. ...................................... www.savemyroad.com ............................................4Gerdau ............................................................................ www.gerdauameristeel.com .................................. 15Iron Planet ....................................................................... www.ironplanet.com ...............................................6Lhoist North America ...................................................... www.lhoist.us........................................................24Martin Marietta Aggregates ............................................ www.martinmarietta.com ..................................... 15Palomar Insurance Corporation ....................................... www.palomarins.com ............................................25Protection Services, Inc. ................................................. www.protectionservices.com ................................25Safety Coatings, Inc. ....................................................... www.safetycoatings.com ......................................26Southeast Materials Corporation ..................................... n/a .........................................................................26The McPherson Companies, Inc. ..................................... www.mcphersonoil.com ........................................24The Rogers Group, Inc. .................................................... www.rogersgroupinc.com .......................................6Thompson Engineering .................................................... www.thompsonengineering.com ...........................25Thompson Tractor ........................................................... www.thompsontractor.com ...........Inside Front CoverTurner Insurance & Bonding Company ............................ www.tibcoinc.com ......................... Inside Back CoverVulcan Materials Company .............................................. www.vulcanmaterials.com .................................... 10Warrior Tractor and Equipment ........................................ www.warriortractor.com .......................................25

AGGREGATES Martin Marietta Aggregates ............................... 15 Vulcan Materials Company ................................. 10

ASPHALT EMULSIONS/EMULSIFYING AGENTS Ergon Asphalt & Emulsions, Inc. ........................... 4

AUCTIONEERS Iron Planet ............................................................ 6

CRUSHED LIMESTONE The Rogers Group, Inc. ......................................... 6

CRUSHED STONE/GRANITE/RIPRAP Southeast Materials Corporation ........................ 26

DRILLING & BLASTING CONTRACTORS Apache Construction .......................................... 26

ENGINEERING/ARCHITECTS Thompson Engineering ....................................... 25

EQUIPMENT SALES, SERVICE & RENTAL Cowin Equipment .....................Outside Back Cover Thompson Tractor ...................... Inside Front Cover Warrior Tractor and Equipment ........................... 25

FUEL, OIL & LUBRICANTS The McPherson Companies, Inc. ........................ 24

GRADE, DRAINAGE & SITE PREP Burnett Civil Contracting, LLC ............................ 24

GUARDRAIL & HIGHWAY SAFETY Alabama Guardrail, Inc. ...................................... 25

INSURANCE/BONDING Palomar Insurance Corporation .......................... 25 Turner Insurance & Bonding Company .................................... Inside Back Cover

LIME/QUICKLIME/HYDRATED LIME SLURRY Lhoist North America ......................................... 24

PAINT SUPPLIER Safety Coatings, Inc. .......................................... 26

SAFETY PRODUCTS Alabama Barricade, Inc. ............. Inside Back Cover

STEEL/STEEL FABRICATORS Gerdau ............................................................... 15

TRAFFIC CONTROL - DEVICES & SIGNS Alabama Barricade, Inc. ............. Inside Back Cover Protection Services, Inc. .................................... 25

Montgomery BirminghamDecatur Mobile

506739_Turner.indd 1 11/24/10 10:56:34 AM

• Regulatory & Warning Signage• Barricades (Types I, II and III)• Barricade Lights• Sign Stands• Stop and Slow Paddles• Road and Lane Closure Signs• Arrow Boards (Diesel and Solar assisted)

• Construction Signage (Aluminum roll up and mesh)• Delineators• Message Boards• Beacons• Traffi c Cones

YOU CAN COUNT ON ALABAMA BARRICADE, INC.

Sales • Service • Rentals • Installation • Maintenance

7007 Praytor Road • P.O. Box 832 • Trussville, AL 35173(205) 655-5290 • (205) 655-5292www.alabamabarricade.com

Also in Stock: Safety Vests, Flags, Pavement Tape, Stripping and Marking Tape, Refl ective Cone Collars, Sign Hardware, Refl ective Tapes, Emergency Warning Lights and Sign Posts.

ALABAMA BARRICADEEMPLOYEES HAVE OVER 100 YEARS OFTOTAL COMBINED TRAFFIC CONTROL

WORK EXPERIENCE

348412_Alabama.indd 1 11/16/07 3:16:15 PM

Volvo paving and compaction equipment isn’t beige anymore. It’s yellow.

But it takes more than paint to make it a Volvo. An extensive, global dealer network with superior parts, service, and industry knowledge will keep you on the job and your profits high. Our broad range of financial services will help you get the equipment you need. It’s the opportunity to own premium equipment and the comfort of knowing you have experts to back you up. Only then does it truly become a Volvo.

Experience our compaction, paving, and motor grader equipment packaged with everything Volvo offers. Because when you’ve got a road to build, we’re ready to get the job done.

Volvo Construction Equipment www.volvoce.com/naMORE CARE. BUILT IN.

BIRMINGHAM MOBILE MONTGOMERY HUNTSVILLE / DECATUR PENSACOLA OXFORD

www.cowin.comP: (205) 841-6666

800-239-2694F: (205) 841-2639

IT TAKES MORE THAN PAINT TO MAKE IT A VOLVO.

369569_Cowin.indd 1 2/29/08 3:15:09 PM

fall 2011 • a publication of the alabama road builders...

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