Rough Ride in the City: Heavy Traffic Is Taking a Toll on Urban RoadsAlabama’s Construction Defect Statute of LimitationsA Concrete Solution: Foley Products Company
Winter 2006 • A Publication of the Alabama Road Builders’ AssociationWinter 2006 • A Publication of the Alabama Road Builders’ Association
Rough Ride in the City: Heavy Traffic Is Taking a Toll on Urban RoadsAlabama’s Construction Defect Statute of LimitationsA Concrete Solution: Foley Products Company
RROOAADDBBUUIILLDDEERRTHE ALABAMATHE ALABAMA
ARBA’s2006-2007
OfficersARBA’s
2006-2007Officers
Announcing…Announcing…
Congratulations
Governor Riley
Lt. GovernorFolsom
Congratulations
Governor Riley
Lt. GovernorFolsom
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RROOAADDBBUUIILLDDEERRWinter 2006 • A Publication of the Alabama Road Builders’ Association
THE ALABAMA
CONTENTSExecutive Director’s Message .....................................7
President’s Message ....................................................9
From the Alabama Department of Transportation....................................11
ARBA Installs Officers for 2006-2007 ....................12
Rough Ride in the City.............................................15Heavy traffic is taking a toll on urban roads.
New Vision ...............................................................18U.S. transportation network and political willare keys to future global competitiveness.
University of Texas Engineering Chair Mike WaltonElected 2006-07 ARTBA Chairman .......................20
Alabama’s Construction Defect Statute of Limitations .............................................22
A Concrete Solution ...............................................26Foley Products Company is considered the largest supplier of precast concrete manholes in the southeast U.S.
Par for the Course ...................................................28 ARBA’s Fall Golf Tournament 2006was a smashing success, as usual.
Heard Along the Highway ......................................32
Index to Advertisers ................................................33
Cover photo ©www.istockphoto.com/Doug Sims
ARBA OFFICERS, DIRECTORS & STAFF
PresidentTIM MULLENDORE
Vice PresidentGREG ABRAMSON
TreasurerSONNY BUNN
SecretarySHERMAN SUITTS
Immediate Past PresidentJOHNNY WALTON
Directors 2006-2007KEITH ANDREWSRANDY BILLINGSLEYTERRY BUNNRANDY BUTLERBOB DAWSONCRAIG FLEMINGJOHN FULLERLEE GROSSJOHN HARPERMITCHELL HARRISDAVE JONESMICHAEL MCCARTNEYTIM MCINNISKEITH (TAC) MIMSFRANK MURPHREECHRIS NEWELLDAVID REEDIKE SCOTTPAUL B. SCOTT, JR.JIM WAITZMAN, JR.NORMAN WALTONCHARLES E. WATTS, JR.PAUL WEAVER
Published for:Alabama Road Builders Association630 Adams AvenueMontgomery, AL 36104(334) 832-4331Fax: (334) 265-4931www.alrba.org
STAFF
EXECUTIVE DIRECTORBILLY [email protected]
COMMUNICATIONS DIRECTORTERRI [email protected]
ADMINISTRATIVE ASSISTANTSHIRLEY [email protected]
Published by:
Naylor, LLC5950 N.W. 1st PlaceGainesville, FL 32607(352) 332-1252 or(800) 369-6220Fax: (352) 331-3525www.naylor.com
PUBLISHERKathleen Gardner
EDITORRobin Lamerson
PROJECT MANAGERTom Schell
SALES MANAGERCardie Dielschneider
PUBLICATION DIRECTORRick Sauers
ADVERTISING SALESLou Brandow, Jason Dolder,Joe Herchel, Marc Ketchel, Susan Maracle,Troy McClelland, Jamie Williams, Chris Zabel
LAYOUT AND DESIGNDave Reimer
ADVERTISING ARTDavid Cheetham
©2006 Naylor, LLC. All rights reserved. Thecontents of this publication may not bereproduced by any means, in whole or inpart, without the prior written consent ofthe publisher..
PUBLISHED DECEMBER 2006/ALR-Q0406/4880
The Alabama Roadbuilder • Winter 2006 5
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The Alabama Roadbuilder • Winter 2006 7
EXECUTIVE DIRECTOR’S MESSAGE
ELECTIONS FOR ALABAMA’S STATEWIDEand legislative offices have concluded, and we havemany new faces to welcome to Montgomery. In addi-tion, we want to congratulate Governor Bob Riley ona successful return to Montgomery for another termas leader of our great state, and welcome as our Lt.Governor, Jim Folsom, Jr. As the Alabama RoadBuilders Association does each election cycle, wewill provide all new and current members of the Leg-islature, and statewide officials, with informationabout the most important part of our state’s economicdevelopment engine – our roads and bridges. Educat-ing our elected officials is a major part of your asso-ciations’ responsibility and we intend to make certainthey understand how important our industry is to thehealth of Alabama’s economy and quality of life.
As we sort out the winners and losers from the re-cent elections, one thing is for certain – Alabama’sinfrastructure needs are greater than ever. Whetheryou are talking about the increase of residents in theHuntsville and Phenix City areas to the continuedcongestion around Birmingham, Mobile, Dothan andMontgomery, one thing is crystal clear – our roadsystem is in dire need of some relief. The only thingthat can bring such relief is our state’s elected lead-ers deciding to inject some much needed capital intothe program.
We can state almost certainly that the legislatureis its best position, in the first year of a new quadren-nium, to consider the possibility of increasing userfees. This is the most reliable and least invasive wayfor us to reinvest in our most integral part of thestate’s economic growth engine. We will see if the
members of theLegislature have thepolitical courage toaddress the pressingneeds of our roadand bridge systemby bringing suchlegislation forward for consideration.
In addition to an increase in the user fee, stateslike Indiana, Virginia and Texas have been selling orconsidering selling state-owned assets, such as tollroads, to privately held companies in exchange forincredibly large up-front payments, which are in-tended for infrastructure improvements. Is Alabamaready for such an undertaking? Only time, and folksin the Governor’s office, will tell.
Borrowing money is always another option thathas been mentioned as a solution for the needs of ourstate road system. While the Department of Trans-portation has promoted and supported a pay-as-you-go system, it does have a history of carrying debt tofinance infrastructure projects. This again will all bedetermined by the leaders in the Governor’s office.
Whatever decision is made, you will find our as-sociation leaders participating in any meetings thatare taking place to determine the direction of thestate’s infrastructure needs. If there is an opportuni-ty for Alabama’s transportation construction indus-try to take part in a major introduction of work intothe state system, then you will see your AlabamaRoad Builders Association actively involved in thediscussion. We hope you will join our team in thisendeavor. �
ELECTIONS DETERMINEINDUSTRY DIRECTIONBY BILLY NORRELL, ARBA EXECUTIVE DIRECTOR
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The Alabama Roadbuilder • Winter 2006 9
PRESIDENT’S MESSAGE
I WANT TO THANK each of you for the oppor-tunity to serve as your president. It is indeed anhonor.
The elections for 2006 are here, and by the timeyou read these comments, we will know whether ornot we have had a chance to accomplish some of ourgoals for the 2007 Legislative Session.
Our activities during the past year in the Legisla-tive elections process have been the strongest theyhave ever been in the history of our organization.That is a direct testament to the understanding andappreciation of the importance of the process we allparticipate in as members of the Alabama RoadBuilders Association. RoadPAC has become recog-nized as one of the leaders among our electedfriends, and we are very proud of that recognition.
It is our hope that there will be an opportunity toaddress some of the areas of major concern to our in-dustry during the coming legislative session – num-ber one on that list is funding our program to a levelthat is adequate for all Alabamians. We have seengasoline prices fluctuate for more than two years,and the swings of more than a dollar have given rise
to the notion thatcitizens are almostimmune to theprices they have topay at the pump.People have to trav-el, so they will paythe price no matter how inflated it may be. While werealize that, for the type of revenue stream we as theindustry desire to accomplish – an increase in ourstate user fee (the last was in 1992!) – it will take po-litical courage and effort the likes of which we havenot seen in quite some time. Many legislatorsthroughout the course of the campaigns of 2006talked about the importance of roads and bridges intheir district and around the state. Now it will betime to see if their words will hold true when the ses-sion begins in early 2007. We are hopeful that thelegislative leaders will listen to the story we have totell as an industry and give serious consideration toour requests for just such a foundation for the back-bone of Alabama’s economic engine – our roads andbridges.
ARBA PLATE FULL IN 2007BY TIM MULLENDORE, APAC-SOUTHEAST
ARTBAARTBAARTBA
As a contractor, you understand the responsibility that goes into completing a project tothe specifications and design elements in the plans when you agree to build the job.
However, what we are concerned with is that five or 10 years after the job is complete,still having to be concerned about the potential for an accident occurring on your job and
being sued for something that has been out of your control for so long.
Another issue of tremendous con-cern is the liability of contractors onprojects that have been completed andaccepted by the Department of Trans-portation. Alabama’s transportation con-tractors have been under siege fromlawsuits relating to accidents that occuron projects long ago completed and ac-cepted by ALDOT. As a contractor, youunderstand the responsibility that goesinto completing a project to the specifi-cations and design elements in the planswhen you agree to build the job. How-ever, what we are concerned with is thatfive or 10 years after the job is com-plete, still having to be concerned aboutthe potential for an accident occurringon your job and being sued for some-thing that has been out of your controlfor so long. We as an industry strive todo the best work possible for all of thetraveling public. Our reputations dependon it. But we can’t be expected to con-tinue to lose sleep night after night overprojects that have been completed andaccepted as having met all state and fed-eral standards and criteria, when an ac-cepted project could come back to hauntus years down the road. There has to bea reasonable middle ground that can bereached. We hope this can be addressedin the coming session as well.
I look forward to an exciting timeas your president of The AlabamaRoad Builders Association. I hope youwill join us in our efforts. �
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1 9 4 0 P i n s o n V a l l e y P a r k w a yB i r m i n g h a m , A L 3 5 2 1 7O f f i c e : ( 2 0 5 ) 8 4 9 - 1 7 2 7
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10 The Alabama Roadbuilder • Winter 2006
Many legislators throughoutthe course of the campaigns of
2006 talked about theimportance of roads and
bridges in their district andaround the state. Now it willbe time to see if their words
will hold true when the sessionbegins in early 2007.
The Alabama Roadbuilder • Winter 2006 11
FROM THE ALABAMADEPARTMENT OF TRANSPORTATION
LOOKING BACK OVER THE past year, and overthe past four years, it’s not a stretch to say that ourcollective efforts have made our transportation net-work and the industry itself better in Alabama.
The Alabama Department of Transportation is for-tunate that we have a skilled and professional con-tracting industry to rely upon as our partners infulfilling our mission to make Alabama’s highwayssafer and better. We have worked hard during theseyears, especially during the past couple of years, toimprove our relationships with the Alabama RoadBuilders Association and its member companies.
As transportation director, but also speaking on be-half of the entire department, I appreciate the job youdo for us and your commitment to safety, efficiencyand accountability. In particular, I believe our IndustryLiaison Committee has been productive and effectiveby resolving issues of mutual concern before they be-came so big that it took unnecessary amounts of ener-gy and effort to deal with them.
I am proud of the growing emphasis we are able toput on system preservation because we are gettingbetter at preserving the investment we have alreadymade in our infrastructure. For a number of yearsprior to 2003, we languished in a situation in whichour system preservation often went lacking. Our clearfocus of basing decisions on safety, need and the po-tential for economic development has helped reformthe department, and has empowered us to more signif-icantly commit resources to system preservation andpriorities rather than political patronage and handouts.
We are working on several issues right now thatwill affect the entire transportation industry in Alaba-ma. One such issue is a revision to the Five-Year Plan
that is necessary tobalance our identi-fied projects more inline with the avail-able funds, and toaccount for a 30percent decline inthe strength of our purchasing power from 2003through 2005 (and we’re still awaiting results on aninternal analysis for 2006). Increasing costs for mate-rials and labor will require us to adjust our Five-YearPlan, which means it will take longer to get to someprojects than we envisioned even one year ago.
We are finalizing a new bridge priority system thatwill help us better address our critical needs for bridgereplacements. This new system will help us better usebridge inspection data and projected life spans toschedule bridge repairs and replacements, which willresult in a safer transportation network and more effi-cient use of state and federal funds.
There are a number of issues that will bear watch-ing in the New Year. The Legislative Session will nodoubt include a number of issues in which the depart-ment will have a vested interest. Some of those issueswill be of mutual interest and concern to both the de-partment and Alabama Road Builders Association. Welook forward to working with the association and itsleaders on issues of mutual concern–notably, to seelegislation introduced that helps establish limits on theliability faced by contractors in, during and after con-struction or maintenance projects.
To the member companies of the Alabama RoadBuilders Association, thanks for the great contribu-tions you make to keep Alabama moving forward. �
LOOKING BACK ANDMOVING FORWARDBY JOE MCINNES, TRANSPORTATION DIRECTOR, ALDOT
ARTBAARTBAARTBA
I am proud of the growing emphasis we are able to put on system preservation because we are getting better at preserving the investment
we have already made in our infrastructure.
Announcing…YourNEW
Officers
12 The Alabama Roadbuilder • Winter 2006
ARTBAARTBAARTBAARBA OFFICER ELECTIONS
Announcing…YourNEW
OfficersTo call the 2006 Annual Luncheon a special event would be an understate-ment when friends and guests gathered on September 29, 2006. The seatedluncheon, held at the Capital City Club, complete with an address from Gov-ernor Bob Riley and ALDOT Director Joe McInnes, attracted more than 250guests and dignitaries. ARBA invited many special guests as well as ALDOTemployees to join them in the luxurious ballroom for the luncheon. Thetremendous crowd was a shining example of the hard work and respect that isshared by those in transportation construction and those that are responsiblefor the daily operations of the Department of Transportation. We are thankfulfor them and appreciate the participation and dedication that is shown by all.
We were also honored to receive comments from Governor Bob Riley,who reminded the association and guests present of the importance of Alaba-ma’s infrastructure, and promised that he intended to address that issue if re-elected in November. Thank you, Governor Riley, for your participation andvery timely comments about our industry.
Master of ceremonies Johnny Walton ran the show as outgoing ARBApresident. He introduced the guests from the DOT, as well as past ARBAPresident’s and special invited guests. Lastly, Walton announced the new offi-cers and members of the Board of Directors for the Alabama Road BuildersAssociation.
Incoming President Tim Mullendore was the next to speak, and he, follow-ing his acceptance of the position, wrapped things up by presenting Waltonwith a plaque and framed photo for his office.
The officers for the association for the coming 2006-2007 year areas follows:
ARBA Installs Officers for2006-2007
The tremendous crowd was ashining example of the hard work
and respect that is shared by thosein transportation construction andthose that are responsible for the
daily operations of the Departmentof Transportation.
PRESIDENT
Tim MullendoreTim Mullendore was born onJuly 27, 1958 in Anniston,Ala. He attended AnnistonHigh School, and received abachelor’s degree in businessfrom Jacksonville State Uni-versity, and Indiana Univer-sity, EDP.
Mr. Mullendore is theAlabama Division presidentfor APAC-Southeast, Inc inBirmingham, Ala. He start-ed his career with APAC inAnniston, Ala., serving invarious capacit ies until1982. He then was trans-ferred to Columbus, Ga. asbranch estimator, and thenpromoted to vice presidentof construction in 1987 andtransferred to Richmond,Va. In 1992, he was pro-moted to Birmingham Divi-sion president and returnedto Alabama. In 2002, hewas promoted to his presentposition.
Tim is currently servingon the Board of Directors ofthe Alabama Asphalt Pave-ment Association. He andhis wife, Kim, are the par-ents of three children:Corey, Tiffany and Merril.
VICE PRESIDENT
Greg AbramsonBorn on February 12, 1957in Florence, Ala., GregAbramson attended PinsonValley High School, Jeffer-son State Junior College andthe University of Alabama atBirmingham.
Mr. Abramson is managerof Abramson LLC in Birm-ingham, Ala. He worked forAbramson & Sons, Inc. dur-ing summer vacations whileattending school. Greg start-ed full time employment in1977 in various positions upto vice president. After thesale of Abramson & Sons,Inc. in 1982, Greg and AlanAbramson formed Abramson
Partnership, later to becomeAbramson LLC. The compa-ny works throughout Alaba-ma and surrounding states,building culverts and doingmiscellaneous concretework. The company alsodoes median barriers andbridge railing. Greg is activein all phases of the business,from bidding to the generalsupervision of projects.
Mr. Abramson is a mem-ber of The Church atBrookhills. Greg and hiswife, Cindy, are the parentsof two daughters. He hasserved on the ALDOT Liai-son Committee and is amember of the ARBA Boardof Directors. His hobbies in-clude hunting and fishing.
TREASURER
ST (Sonny) Bunn, Jr.ST (Sonny) Bunn, Jr. wasborn on April 18, 1948 inTuscaloosa, Ala. He attendedHolt High School and gradu-
ated with a bachelor’s degreein Civil Engineering fromthe University of Alabama.
Mr. Bunn and his brother,who had been working fortheir father from an earlyage, purchased the businessfrom ST Bunn, Sr. in 1981.He has held positions fromequipment operator topaving superintendent. Mr.Bunn serves as president ofST Bunn Construction Co.,Inc. in Tuscaloosa, Ala.
Sonny also serves on theBoard of Directors of Am-South Bank, the LeadershipBoard for the college of En-gineering at The Universityof Alabama, and is a pastpresident of the Alabama As-phalt Pavement Association.He has two children.
SECRETARY
Sherman SuittsSherman Suitts was born onJuly 15, 1951 in Haleyville,Ala. After majoring in
The Alabama Roadbuilder • Winter 2006 13
Officers:
President:
Tim Mullendore, APAC-Southeast
Vice President:
Greg Abramson, Abramson, LLC
Treasurer:
ST Bunn, Jr., ST Bunn Construction Co., Inc.
Secretary:
Sherman Suitts, Vulcan Materials Company
Immediate Past President:
John Walton, John G. Walton Construction Co., Inc.
Newly Elected Directors (Two-Year Term)
Randy Billingsley, Mobile Asphalt Co., LLC
Lee Gross, Ozark Striping Co., Inc.
Chris Newell, Newell Roadbuilders, Inc.
Norman Walton, J.S. Walton & Co., Inc.
Those Continuing to Serve (One-Year Remaining)
Craig Fleming, Dunn Construction Co., Inc.
Keith (Tac) Mims, Alabama Bridge Builders, Inc.
Frank Murphree, Murphree Bridge Co., Inc.
Charles E. Watts, Jr., Charles E. Watts, Inc.
Associate Member Director (One-Year Remaining)
Jim Waitzman, Jr., Tractor & Equipment Co., Inc.
Associate Member Director Appointed
By 2006-2007 President (Two-Year Term)
Paul B. Scott, Jr., Turner Insurance &
Bonding Company
Percentage Dues Board Members –
(One-Year Renewable Term)
Keith Andrews, RaCON, Inc., Tuscaloosa
Terry Bunn, ST Bunn Construction Co., Inc.,
Tuscaloosa
Randy Butler, Rogers Group, Inc., Tuscumbia
Bob Dawson, R. R. Dawson Bridge Co., LLC,
Bessemer
John Fuller, East Alabama Paving Co., Inc., Opelika
John Harper, Wiregrass Const. Co., Inc., Ariton
Mitchell Harris, H&L Construction, Inc., Troy
Dave Jones, Martin Marietta Aggregates,
Birmingham
Michael McCartney, McCartney Const. Co., Inc.,
Gadsden
Tim McInnis, McInnis LLC, Montgomery
David Reed, Whitaker Construction Company, Inc.
Ike Scott, Scott Bridge Company, Inc., Opelika
Paul Weaver, Hosea O. Weaver & Sons, Inc., Mobile14
ARBA OFFICERS ANDDIRECTORS FOR 2006-2007political science at the University of
Alabama and earning a J.D. Degreefrom Birmingham School of Law,Sherman was admitted into the Al-abama State Bar in 1977.
Sherman is vice president of salesand business development in theSouthern and Gulf Coast Division ofVulcan Materials Company. Vulcanhas employed him for 27 years. Hisresponsibilities at Vulcan have in-cluded that of labor attorney, humanresources director, and general man-
ager of sales, operations and highwayconstruction.
Sherman has served on several non-profit and industry-related boards ofdirectors, on the Vestavia Hills Boardof Education and City Council, andhas been appointed by four Alabamagovernors to education and businessrelated councils.
Sherman and his wife, Donna Kay,have two daughters (Jill and Julie), ason (Justin) and a granddaughter(Claire). �
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But the massive pounding thaturban roadways take daily from carsand trucks has taken a toll. From coastto coast, major streets and freeways inmost U.S. communities are showingconsiderable signs of distress. One ofthe results of the significant increasein travel by cars and trucks, coupledwith other factors, is that one out offour of the nation’s urban streets andhighways have rough pavements thatprovide a ride that many Americansfind unacceptable.
Not only are these rides unaccept-able, but they also cost Americansmoney every day as the cost to ownand maintain a vehicle increases be-cause cars and trucks wear out morequickly, require more maintenance andconsume more fuel.
TRIP’s most recent national report,“Rough Ride in the City: Metro AreasWith the Roughest Rides and Strate-gies to Make Our Roads Smoother,”found that the condition of the nation’smost critical metropolitan area roadsand highways (500,000+ populationand maintained by local and state gov-ernments) is getting worse, increasingthe cost motorists are paying to main-tain their vehicles as a result of drivingon roads and highways with pave-ments in poor condition.
TRIP found that, nationally, 26 per-cent of the nation’s major metropolitanroads have pavements in poor condi-tion, which cost the average urban mo-torist $383 per year in additionalvehicle operating costs. Overall travelon urban roads increased by 38 per-
The Alabama Roadbuilder • Winter 2006 15
ARTBAARTBAARTBATRIP
Rough Ridein theCity
Heavy Traffic IsTaking a Toll on
Urban RoadsBY WILL WILKINS, EXECUTIVE DIRECTOR, TRIP
The nation’s urban and suburban roads are the
backbone of our transportation system. Carrying
73 percent of the 1.8 trillion miles driven annually
in urban America, these routes accommodate
Americans’ freedom to pursue our chosen lifestyles and
provide for the tremendous movement of goods and ser-
vices upon which our modern lives depend.©www.istockphoto.com/René Mansi
cent from 1990 to 2004, with urbantravel by large commercial trucks,which place significant stress on roadsurfaces, growing at an even fasterrate, increasing by 51 percent duringthe same time period. Overall vehicletravel is expected to increase by ap-proximately 33 percent by the year2020 and the level of heavy truck trav-el nationally is projected to increaseby approximately 39 percent by 2020.
Eleven percent of Alabama’s urbanroads – interstates, freeways andother critical local routes – havepavements in poor condition, result-ing in rough rides, and 38 percent ofAlabama’s urban roads are ranked ingood condition.
While a desirable goal for state andlocal governments is to maintain 75percent of its roads in good condition,only three of the nation’s urban areasof 500,000 or more – Atlanta, Orlandoand Phoenix – achieve this goal. Na-tionally, TRIP found that 32 percent ofmajor urban highways and roads pro-vide good ride quality.
And TRIP’s analysis shows thatwith current funding, national pave-ment conditions are likely to worsen.A U.S. Department of Transportationreport to Congress indicates thatthrough 2022, the nation will fall shortof the cost of maintaining currenturban pavement conditions by $76 bil-lion and will fall short of making sig-nificant repairs by $138 billion.Nationally, maintaining urban roads intheir current condition would requireincreasing current funding for road re-pairs by 40 percent, while it wouldtake a 73 percent increase to signifi-cantly improve conditions.
With federal highway revenuesfalling short, the cost of pavement ma-terials rising and traffic volumes in-creasing, transportation agencies willface a significant challenge in improv-ing urban pavement conditions. As anation, we need to develop a newlong-term vision for our highway sys-tem that includes improving condi-tions and safety and reducingcongestion in order to continue toenjoy the quality of life and economicsuccess that our nation’s transportationsystem has afforded all Americans. �
16 The Alabama Roadbuilder • Winter 2006
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are taken soon to add new highwayand transit capacity,” he said.
In his speech, Ruane provided anoverview of a recent proposal en-dorsed by ARTBA’s Board of Direc-tors to dramatically redefine thefederal government’s future, post-In-terstate Highway System role in ensur-ing a safe and efficient nationaltransportation network that meets theneeds of a growing U.S. economy.
The ARTBA plan sees expandedinvestment in the current core federalhighway and transit programs. Theseessential activities that provide mobili-ty for all Americans would be comple-mented with the creation of a 25-yearinitiative aimed at vastly improvingfreight movement and the nation’semergency response capabilities.
ARTBA’s proposed “Critical Com-merce Corridors” highway networkwould strategically link and upgradethe nation’s major water ports, air-ports, border crossings and rail net-works with national intermodal freighttransfer centers. Where possible, thenetwork would separate commercialtraffic from passenger vehicles.
The 2006 congressional electionsand the 2008 presidential race willalso have major impacts on the futuredirection of the nation’s surface trans-portation programs, according toRuane.
ARTBA will be launching an ongo-ing communications and advertisingcampaign targeting key audiences inWashington, D.C., with messagesabout the role of transportation invest-ment in strengthening the economy,increasing mobility through reducedtraffic congestion and improving safe-ty. The effort is a major step in prepa-ration for the next highway and transitreauthorization investment bill, sched-uled for 2009.
“Everyone in the transportationcommunity needs to get involved anddo their part to share with the publicand elected officials the importance andbenefits of transportation investmentnow, and to maintaining our nationalsecurity and global competitiveness inthe years ahead,” Ruane said. �
With the U.S. population officiallyreaching 300 million people lastmonth, Ruane highlighted the futuredemographic challenges and their im-pacts on America’s transportationsystem.
According to U.S. Census Bureau,the population will hit 400 millionpeople by 2043. Based on currenttrends between now and 2043, high-way capacity will only grow nine per-cent, but traffic levels will swell by135 percent to more than seven trillionvehicle miles traveled annually.
As a result of this growth, Ruanewarned, the average motorist can ex-pect to spend 160 hours stuck in trafficdelays, or the equivalent of four weekseach year, by 2043. “It is a recipe for agridlocked nation, unless major steps
18 The Alabama Roadbuilder • Winter 2006
ARTBAARTBAARTBAARTBA
U.S. Transportation Network and Political Will Are Keys to Future Global CompetitivenessRuane urges industry leaders to get involved in helping shape 2009 Highway Bill.
The problems facing the nation’s highway and transitsystems are clear and so are their solutions. What isneeded is the political will to make a new vision forAmerica’s transportation network a reality. That’s the
message American Road & Transportation Builders Associ-ation (ARTBA) President and CEO Pete Ruane deliveredOctober 31 at the Illinois International Construction Inno-vations Conference. The event, held in Peoria, Ill., washosted by Bradley University.
NewVision
For more information call ARBA at 334-832-4331.
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convention.indd 1 11/30/06 8:51:56 AM
eral international journals. Currently,Walton has research or consulting rela-tionships with approximately 30 states.
His ARTBA leadership positions in-clude: senior vice chairman, first vicechairman and western region vicechairman. He is a key player in helpingdevelop the association’s legislativeand regulatory policy positions on fed-eral transportation development issues.
Walton is a member of the NationalAcademy of Engineering. He is afounding member of the IntelligentTransportation Society (ITS) of Ameri-ca and a past chairman. He is also pastchair and member of the Transporta-tion Research Board (TRB) ExecutiveCommittee.
Walton has received many nationalhonors and awards during his distin-guished career. In 2004, he was namedone of “America’s ‘Top 100’ PrivateSector Transportation Design & Con-
struction Officials of the 20th Century”by the ARTBA Transportation Devel-opment Foundation. He is a recent re-cipient of the Council of UniversityTransportation Centers award for dis-tinguished contribution to universitytransportation education and research.
In 2000, he was selected by a boardcomprised of the president and execu-tive director of each of the three spon-soring organizations – AmericanAssociation of State Highway andTransportation Officials (AASHTO),TRB and ARTBA—to receive theBartlett Award. The prestigious awardis considered to be among the highesthonors in the highway transportationprofession. He also received an Out-standing Projects and Leaders (OPAL)award from the American Society ofCivil Engineers to recognize and honorlifetime excellence in furthering civilengineering education. �
D r. C. Michael Walton, professorof civil engineering and the E.H.Cockrell Centennial chair in en-gineering at The University of
Texas (UT) at Austin, has been elected2006-07 American Road & Transporta-tion Builders Association (ARTBA)chairman. Walton’s election was an-nounced during the association’s annu-al meeting, held September 26-29 inSan Diego, Calif.
For more than 35 years, Walton hasbeen a leader in transportation policyand engineering analysis. He has writ-ten or contributed to more than 250publications in the areas of intelligenttransportation systems, freight transportand transportation engineering, plan-ning, policy and economics. He hasbeen a senior editor or contributing au-thor for a variety of technical referencebooks and manuals, and served as amember of the editorial board for sev-
20 The Alabama Roadbuilder • Winter 2006
ARTBAARTBAARTBAARTBA
University of Texas Engineering Chair Mike WaltonElected 2006-07 ARTBAChairman
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Under ALA. CODE § 6-5-221, all civil actions based on aconstruction defect against any architect or engineer “per-forming or furnishing the design, planning, specifications,testing, supervision, administration, or observation of anyconstruction of any improvement,” or any action againstany builder “who constructed, or performed or managed theconstruction of, an improvement on or to real property de-signed by and constructed under the supervision, adminis-tration, or observation of an architect or engineer, ordesigned by and constructed in accordance with the plans
22 The Alabama Roadbuilder • Winter 2006
BY MAC B. GREAVES ANDDAVID G. WANHATALO
Alabama’sConstructionDefect
Statute ofLimitationsCould it Apply To You?
ARTBAARTBAARTBALEGAL
In 1994, Alabama imposed a new two-year statute of limita-
tions applicable to certain construction defect claims. This
two-year limitation period has the potential to significantly
shorten the normal statute of limitation period applicable to
a construction defect claim. For example, in Alabama, the
statute of limitation applicable to a breach of contract action is
six years from the date of the breach. However, if the Alabama
construction defect statute applies to the situation, this six year
period would be reduced to two years. Thus, the new statute
has the potential to significantly shorten the time that a party
could be subject to a lawsuit based on a construction defect. In
addition to the two year statute of limitation applicable to cer-
tain construction defect claims, in 1994 Alabama also imposed
a new 13-year statute of repose for these type of actions. A
statute of repose is the total time period that a party is entitled
to file a lawsuit, regardless of when the cause of action accrued.
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The Alabama Roadbuilder • Winter 2006 23
Atlanta, GABirmingham, ALDestin, FLDothan, ALEnterprise, ALFt. Walton Beach, FL
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relief can be granted on any cause ofaction against such architect, engineer,
or builder which accrues or wouldhave accrued more than 13 years afterthe cause of action accrues. Thestatute of limitations and statute of re-pose periods in this statute apply to allcauses of actions, including causes ofactions based on contracts or torts.
Based on this statute, in order to as-sert a construction defect claim againstan architect, engineer, or builder whoconstructed in accordance with a de-sign prepared by or supervised by anarchitect or engineer, a party must filesuit within two years of when thecause of action accrued. Under thisstatute, the cause of action accrueswhen the plaintiff knew of the defect,or when the plaintiff should have rea-sonably known about the existence ofsuch defect. For example, if a partydiscovers a defect in the drainage for aroad construction project, that partymust sue the engineer, architect, orbuilder within two years of the discov-ery date. Furthermore, if it would havebeen reasonable for this party to dis-cover this defect earlier than he or sheactually discovered it, the statute oflimitations would begin to run on thedate that this party should have discov-ered the defect.
With respect to the 13 year statute ofrepose, a party wishing to assert a con-struction defect claim against an archi-tect, engineer, or contractor, must filesuit within 13 years of the substantialcompletion of the construction project.This statute of repose acts to limit causeof actions which accrue more than 13years after the substantial completion ofthe construction. Therefore, for exam-ple, if a party discovers a constructiondefect 13 years and one day after thesubstantial completion of the construc-tion, this party will be barred from as-serting a construction defect claim
and specifications prepared by an ar-chitect or engineer,” must be com-menced within two years after thecause of action accrues or arises.Under this statute, in order to qualifyas a “builder,” a party is required to belicensed as a general contractor in Al-abama. Furthermore, in order to quali-fy as an engineer or architect, thisparty must be registered as a licensedengineer or architect with the state ofAlabama. Furthermore, ALA. CODE §6-5-222(a)(iii) also provides that no
24 The Alabama Roadbuilder • Winter 2006
Alabama District • 1-800-292-4013
Based on this statute, in order to assert a construction defect claimagainst an architect, engineer, or builder who constructed in accordancewith a design prepared by or supervised by an architect or engineer, aparty must file suit within two years of when the cause of action accrued.
against the architect, engineer orbuilder. As a result, this statute of reposecould act to bar a claim even though thecause of action had yet to accrue. �
Authors’ note: Questions or com-ments should be communicated toMac B. Greaves or David G. Wanhat-alo at Burr & Forman LLP in Birm-ingham, Alabama via email [email protected] or [email protected], or via telephone to (205)251-3000. This article is intended toprovide general information concern-ing certain aspects of Alabama’s lienlaw. It does not constitute the render-ing of legal, accounting, or other pro-fessional service and should not beused as a substitute for professionalservice in specific situations. If legalassistance or other expert assistanceis required, the services of a qualifiedprofessional should be sought. Iflegal advice is sought, no representa-tion is made about the quality of thelegal services to be performed or theexpertise of the lawyers performingsuch service.
The Alabama Roadbuilder • Winter 2006 25
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At Jackson Thornton, we know construction. We know your job is much easier when you can
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STEVE KINGManufacturers Representative
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The philosophy of Foley Products Company has-
n’t changed since the company’s beginning in
1981: “To supply the best quality products, at
reasonable prices, with the best service in our
industry.” Foley Products Company uses this guiding
philosophy to steer their day-to-day business.
In 1981, Foley Products Companywas established as a division of TheConcrete Company of Columbus, Ga.Through the years, FPC has continual-ly strived to improve their facilities,processes and procedures. Today,Foley Products Company holds a posi-tion of prominence in the industry, andis considered the largest supplier ofprecast concrete manholes in thesoutheast U.S.
The Concrete Company, FPC’s par-ent company, opened its doors in 1956,and today is owned and operated byFrank Foley. The company owns fourplants in the area. The Clanton, Ala.plant opened its doors in September2006, and is located at 1091 ScottDrive. In Georgia, a plant in Newnan,
26 The Alabama Roadbuilder • Winter 2006
ARTBAARTBAARTBAMEMBER PROFILE
A ConcreteSolution
Foley Products Company
Foley Products Company Fast Facts• Company philosophy: “To supply the best quality products, at
reasonable prices, with the best service in our industry.”• Owned by The Concrete Company of Columbus, Ga.• Opened for business in 1981 as a division of The Concrete Company.• Four plants – one in Clanton, Ala., and three in Georgia: in Newnan,
Winder and Adairsville.• Contact: Bruce Hess, sales manager, 205-755-4758,
fax: 205-755-9762
30 miles south of Atlanta, has 145 em-ployees; and a plant in Winder, north-east of Atlanta off of 316, employs 207.In addition, a plant in Adairsville, Ga.is under construction and is due to openin the fall of 2007.
The Clanton facility, along with theother plants, manufactures, sells anddelivers precast concrete manholesand catch basins, precast concretecommunications and electric man-holes, reinforced concrete pipe, boxculverts and arch pipe. In addition, thecompany’s staff can engineer andmanufacture special precast concreteproducts upon request. Their resaleproduct line includes cast iron ringsand covers, grates and frames, flexiblemanhole connectors, joint sealant,racking packages and numerous itemsfor the underground utilities industry.Foley Products Company is also the li-censed distributor for AGRU HDPElining in Georgia and Alabama.
The Clanton plant has beenequipped with the latest computertechnology in production equipment.With the PipePro and the Vup – bothfrom Hawkeye – they are able to pro-duce reinforced concrete pipe and boxsections with great efficiency. Fromplacement of reinforcement to the fin-ished product, this technology insuresconsistency in quality and output oftheir product. The QC program con-sists of daily checks of finished prod-ucts and the inspection of theproduction setup as to steel designand placement, mix design and slumpcontrol, also making air test and testcylinders.
Bruce Hess is the sales manager forthe Alabama area, and can be reachedthrough the Clanton plant at 205-755-4758, fax: 205-755-9762. HaroldStevens, executive vice president ofsales, directs a sales team of 17, alongwith engineering and design staff.
FPC stands behind its products 100percent. All precast concrete productsare manufactured to current ASTMstandards.
In addition, Foley Products is an ap-proved supplier of the Georgia DOT,Alabama DOT, South Carolina DOT,North Carolina DOT, and numerousother specifying agencies. �
The Alabama Roadbuilder • Winter 2006 27
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ON A BEAUTIFUL OCTOBER DAY, the Alabama Road BuildersAssociation once again gathered at The Arrowhead Golfand Country Club, and proceeded to host its annual fallgolf tournament for its members and guests. Another crowdof full capacity played the challenging course in the after-noon and followed the day up with a great turnout at theawards ceremony and dinner that evening. Guests, Legisla-tors and Alabama Department of Transportation employeeswere everywhere, and proved to make this tournament an-other tremendously successful event.
The day began with golfers preparing for their 12:30p.m. tee time by warming up on the range and then havinga lunch at the Clubhouse.
Upon completion of the day’s rounds, everyone gath-ered back at the Clubhouse for a steak dinner and awardingof the golf prizes. Each of the six flights from each coursewere awarded first, second and third place team prizes inthe form of gift certificates that could be redeemed in thepro shop. Awards were also presented to the closest to thepin winners on the par threes, as well as two longest drivecontests.
The team low gross winners at 56 under were CharlieStevens, Tim Mullendore, Kirk Kelly and Ken Madison.Congratulations to this great team and thanks for yourparticipation.
Everyone stayed late into the evening as the Arrowheadstaff and tournament team members entertained theALDOT and ARBA guests with libations and appetizers.The event was one that will not soon be forgotten, and onethat will be tough to duplicate.
We plan to have another great event this spring, so makeyour plans now to join us in early May 2007 for the SpringFling golf and fishing rodeo as we return to the Gulf Coast.
Special thanks go out to Shirley McGowen Banks andTerri Mitchell. Thank you for all your help throughoutthe day!
The 2006 ARBA Fall Golf Tournament is a smashing success.Par for the Course
ON A BEAUTIFUL OCTOBER DAY, the Alabama Road BuildersAssociation once again gathered at The Arrowhead Golfand Country Club, and proceeded to host its annual fallgolf tournament for its members and guests. Another crowdof full capacity played the challenging course in the after-noon and followed the day up with a great turnout at theawards ceremony and dinner that evening. Guests, Legisla-tors and Alabama Department of Transportation employeeswere everywhere, and proved to make this tournament an-other tremendously successful event.
The day began with golfers preparing for their 12:30p.m. tee time by warming up on the range and then havinga lunch at the Clubhouse.
Upon completion of the day’s rounds, everyone gath-ered back at the Clubhouse for a steak dinner and awardingof the golf prizes. Each of the six flights from each coursewere awarded first, second and third place team prizes inthe form of gift certificates that could be redeemed in thepro shop. Awards were also presented to the closest to thepin winners on the par threes, as well as two longest drivecontests.
The team low gross winners at 56 under were CharlieStevens, Tim Mullendore, Kirk Kelly and Ken Madison.Congratulations to this great team and thanks for yourparticipation.
Everyone stayed late into the evening as the Arrowheadstaff and tournament team members entertained theALDOT and ARBA guests with libations and appetizers.The event was one that will not soon be forgotten, and onethat will be tough to duplicate.
We plan to have another great event this spring, so makeyour plans now to join us in early May 2007 for the SpringFling golf and fishing rodeo as we return to the Gulf Coast.
Special thanks go out to Shirley McGowen Banks andTerri Mitchell. Thank you for all your help throughoutthe day!
28 The Alabama Roadbuilder • Winter 2006
Par for the CourseThe 2006 ARBA Fall Golf Tournament is a smashing success.
ARTBAARTBAARTBAARBA EVENTS©
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The Alabama Roadbuilder • Winter 2006 29
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DIRECTORIES TO ARRIVE BY EARLY DECEMBER
Your 2007 ARBA Mem-bership Directory shouldbe arriving any day now. Forthose who would like to purchaseadditional directories, please callTerri Mitchell in the ARBA officeat 800-239-5828. They may bepurchased by ARBA membersfor $10 each. Thank you to allthe advertising sponsors whohelp make this directory the in-dustry standard for transporta-tion construction in Alabama.
ARBA SPRING FLINGMAY 2-3, 2007, ORANGE BEACH, ALABAMAThe Annual Spring Fling golf and fishing
tournament is set once again for May 2007.Make your plans today to be a part of thisexciting activity. Join ARBA friends andALDOT guests as we participate in a two-day
event consisting of a fishing rodeo anda golf tournament. Be watching your
mailings for registration forms thatwill be coming soon!
ALABAMA DEPARTMENT OF TRANSPORTATIONENGINEERING CONFERENCE; FEBRUARY 21-22, 2007The Alabama Department of Transportation Annual Engineering Conferenceonce again returns to the campus of Auburn University on February 21-22, 2007.Your Alabama Road Builders Association will be part of the events greetingconference participants on both days, as well as the entire planning of the con-ference. Please join the staff of Auburn University and the Samuel Ginn Collegeof Engineering and the Auburn University Engineering Extension Service asthey put together another quality event for Alabama’s transportation constructionindustry.
MCPHERSON OIL NAMES PRESIDENTC. Ken McPherson, Jr. was recently promoted to president of The McPhersonCompanies Inc. Mr. Charles McPherson, Sr. will remain as CEO and chairman ofthe McPherson Companies, Inc.
C. Ken McPherson, Jr. joined The McPherson Companies Inc. in May 1999 asoperations manager and was promoted in 2002 to executive vice president. In2004, he was promoted to executive vice president/chief marketing officer. OnAugust 25, 2006, he was named as president of The McPherson Companies, Inc.
Founded in 1971, The McPherson Companies, Inc. is a diversified petroleumdistribution company based in Birmingham, Ala. that sells and distributes lubri-cants, branded fuel, wholesale fuel and used oil. The McPher-son Companies, Inc. has 250 employees and 11 facilities infive southeast states.
HALL OF FAME – 2007 CLASSYou should have already received your Hall of Fame appli-cation packets for the 2007 class. Please take the time to re-view the information and determine if you know anyoneworthy of being included in our fifth class. The industry pio-neers who are included in this exclusive fraternity are
unique individuals who have dedicated their lives tothe transportation construction industry. We
hope to continue this ARBA tradition bypreparing a class of special individuals and
creating a foundation that this programcan thrive on for many years to come.
Please call the ARBA office if youneed any information on this pro-
gram or if you have questions.
ALABAMA DEPARTMENT OF TRANSPORTATIONTENTATIVE LETTINGSCHEDULE 2007Highway Construction Lettings are nor-mally held on the second Friday of Jan-uary, the last Friday of the month inFebruary through September, and thefirst Friday of November and Decem-ber, with no letting scheduled in themonth of October. Listed below are thetentative letting dates for 2007. Theseletting dates are subject to change, butwill be confirmed approximately fourweeks prior to these dates.January 12, 2007February 28, 2007 (Wednesday)March 28, 2007 (Wednesday)April 27, 2007May 25, 2007June 29, 2007July 27, 2007August 31, 2007September 28, 2007 November 2, 2007December 7, 2007
ARTBAARTBAARTBAHEARD ALONG THE HIGHWAY
32 The Alabama Roadbuilder • Winter 2006
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ACCOUNTING FIRMJackson Thornton Construction.............25
AGGREGATESMartin Marietta Aggregates...................24SRM Aggregates, Inc.............................31
ASPHALT & ASPHALT PRODUCTSSteve King — IC ...................................25
ASPHALT EMULSIONS OR EMULSIFYINGAGENTSErgon Asphalt &
Emulsions Inc. ...........Inside Front Cover
CERTIFIED PUBLIC ACCOUNTANTCarr, Riggs, Ingram ...............................23
CONCRETENational Cement Company....................34
CONSTRUCTION EQUIPMENTASC Construction Equipment USA Inc......4Cowin Equipment .......Outside Back CoverPile Equipment Inc. ...............................30Thompson Tractor ...................................8
CONSULTING ENGINEERSThompson Engineering .........................31
CRUSHED LIMESTONEThe Rogers Group, Inc...........................23
CRUSHED STONE/GRANITE/ RIPRAPSoutheast Materials Corporation ...........33
DRAINAGE PRODUCTSS. A. Graham Company, Inc. .................31
DRILLING & BLASTING CONTRACTORSApache Construction.............................10
EARTHMOVING EQUIPMENTSNEAD AG SUPPLY A&M SALES.............10
ENGINEERSPBS&J ..................................................30
EQUIPMENT RENTAL & SALESWarrior Tractor and Equipment..............31
FIBERSFiberand Corp. ......................................25Interfibe Products .................................33
FUEL & LUBRICANTSSun Coast Resources Inc. .....................31
Safety Coatings, Inc.20180 Safety Lane P O Box 399Foley, AL 36536-0399Tel: (251) 943-1638Fax: (251) 943-3689E-mail:
www.safetycoatings.com
HIGHWAY STRIPING/PAVEMENT MARKERS
Placement Central, Inc.PO Box 12194Atlanta, GA 30355Tel: (404) 467-7930Fax: (404) 467-7928E-mail: [email protected] and placement of constructionmanagement people who specialize inthe heavy and highway industry.
RECRUITING SERVICES
INDEX TO ADVERTISERS
The Alabama Roadbuilder • Winter 2006 33
GUARDRAIL & HIGHWAY SAFETYAlabama Guardrail, Inc..........................16
HIGHWAY STRIPING/PAVEMENTMARKERSSafety Coatings, Inc. .............................33
INSURANCEMcGriff, Seibels & Williams ...................17Palomar Insurance Corporation .............30Truitt Insurance Agency, Inc. .................23
INSURANCE & BONDSHines, Ridolphi, Carper & Aman, Inc. .....34Turner Insurance &
Bonding Co. ...............Inside Back Cover
LUBRICANTSSteve King — IC ...................................25The McPherson Companies, Inc. ...........17
ODOR CONTROL PROGRAMSOMI Industries ........................................6
PAVEMENT MAINTENANCESteve King — IC ...................................25
PIPE MANUFACTURED PRODUCTSCrumpler Plastic Pipe, Inc. ....................17
PRECAST CONCRETE PRODUCTSSherman Dixie Concrete Industries .......21
READY-MIXReady Mix USA Inc..................................3
RECRUITING SERVICESPlacement Central, Inc. .........................33
STEELGerdau Ameristeel ................................21
TRAFFIC CONTROL SIGNAGEAlabama Barricade, Inc. ........................16Protection Services, Inc.........................21
TRAILER MANUFACTURING - LOWBEDS,CUSTOMLiddell Trailers ......................................20
TRUCK SALES, PARTS & SERVICESBengal Transportation ...........................34Long-Lewis Sterling..............................14Miracle Truck Sales...............................25WW Williams.........................................27
UNDERGROUND LINE LOCATORSAlabama One Call .................................21
34 The Alabama Roadbuilder • Winter 2006
Hines, Ridolphi, Carper & Aman, Inc.Specializing in the Construction Industry
InsuranceContract Surety
Risk Management
Birmingham Location Montgomery Location
3415 Independence Drive 4137 Carmichael RoadSuite 219 Suite 330
P.O. Box 531310 Montgomery, AL 36106Birmingham, AL 35253 Ph.: 334.272.6200
Ph.: 205.879.1945 Fax: 334.272.4705Fax: 205.879.1946
SERVICES• Heavy & Oversize Hauling
• Lowboys Up To 80 Tons
• Step-decks• Flat-beds
• Extendable Trailers
800-756-8518 37156 Hwy. 30, Geismar, LA 70734225-677-8890 • www.bengaltransport.com
Providing you with the highest standard of excellence and committing to safety and quality assurance is what Bengal Transportation Services, Inc. does every day.
We will serve our customers at a professional level others cannot and do so in a safe, effective, profitable and equitable manner.
307710_Bengal.indd 1 11/20/06 9:58:26 AM
NATIONAL CEMENT “The Cement of Choice for Building Success” National Cement Company of Alabama, Inc.
A Vicat Company
2000 SouthBridge ParkwaySuite 600Birmingham, Alabama 35209Direct: (205) 423-2600Fax: (205) 870-5777
INDEX TO ADVERTISERS
Wherever your next roadwork project takes you, Cowin has the quality equipment youneed to get you there and back again. Just as importantly, we offer unmatched flexibilityin accommodating your budget—and your cash flow—including buy, rent, and rent withan option to purchase.
And when it comes to support after the sale, nobody goes the extra mile like we do. Ourfactory trained mechanics, extensive parts inventories and 24 / 7 / 365 emergency serv-ice means you can count on us to keep your equipment up and running. With Cowin, youcan always Expect Extra Effort!
So whether your next project takes you below the ground, above the ground, on theground—or all three—call Cowin for a smoother road to profitability.
ON THE GROUND.
www.cowin.comP: (205) 841-6666 / 800-239-2694
F: (205) 841-2639
BIRMINGHAM MOBILE MONTGOMERY HUNTSVILLE / DECATUR PENSACOLA OXFORD ATLANTA ALBANY
ABOVE THE GROUND. BELOW THE GROUND.
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