The Georgia Contractor - July/August

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THE VOICE OF THE CONSTRUCTION INDUSTRY OF GEORGIA

The Georgia

CONTRACTOR Volume 7, Issue 4

THE CASE FOR INFRASTRUCTURE & REFORM

July | August 2011

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Letter from the Editor

ADVERTISEMENTS

July | August 2011

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Dear Readers~

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This edition of The Georgia Contractor is informative and insightful.

The Associated General Contractors of America are represented with an excellent overview in The Case for Infrastructure and Reform, a detailed report by AGC for thoughtful consideration. As Stephen Sandherr, CEO, says in his article for our readers, “this report asks many of the same questions federal officials are likely to pose about the size and structure of the federal role in infrastructure. It explores the rational for continued federal investments. It examines many of the significant economic, safety, environmental, and health benefits of investing in infrastructure. And it identifies many of the problems with our current federal approach.”

As you well know by now, I have a soft spot for our future well trained employees, and we like to support CEFGA for that very reason—and for the sake of competition SkillsUSA. Scott Shelar has taken a moment to give us the winner of the national competitions in Kansas City—what a great event it was. He is reminding us of the March, 2012, exposition celebrating Careers in Construction—an outstanding annual event that sets the standard for young men and women who enjoy building things with their own hands and opening opportunities they did not know existed.

The story that will make all of us proud is the description of the launch of Atlantis STS-135 by Stephanie Aurora Lewis.

She was present as the last shuttle visiting the International space station as it took off. We can be proud of our ability to create one of the most complex structures ever built to fly.

America can look back on the last thirty years with a sense of genuine accomplishment. As Stephanie points out, the experiments conducted at the space station in the areas of biology, physics, astronomy, and meteorology all have impacted our lives. Their efforts have helped in breast cancer research and will help achieve further advances in many of the sciences mentioned.

I would like to mention one more important point, and that is that you can read all this on www.thegeorgiacontractor.com. Here our magazine is on display. You can turn the pages and read it on your iPad, iPhone or another electronic device. You’ll love it.

Georgia Power . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 IBEW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 JAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 LPA Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 MidSouth Machine & Service Company. . . . . . . . . . 12 NES Rentals . . . . . . . . . . . . . . . . . . Inside Front Cover Prime Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . 3 RHD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 S&ME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Silt-Saver . . . . . . . . . . . . . . . . . . . . . Inside Back Cover T. Wayne Owens & Associates, PC . . . . . . . . . . . . . 18 Utilities Protection Center . . . . . . . . . . . . . . Back Cover

R. Petersen-Frey Editor-in-Chief

July | August 2011

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On The Cover

The Georgia Contractor

The Georgia

Contractor

www.thegeorgiacontractor.com Managing Editor R. Petersen-Frey (770) 521-8877

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Advertising Director Bo Ingram (770) 761-5920

July | August 2011

CONTENTS

Commentary

6 Art Director Pamela Petersen-Frey (770) 521-8877

THE CASE FOR INFRASTRUCTURE & REFORM We are in a new period where the need to tackle ever-larger federal deficits and the growing debt they create will drive many of the decisions being made in Washington. This new era is forcing many officials to reflect on the proposer role for the federal government and what type of infrastructure projects ought to qualify for limited federal investments.

See the story on page 10

CEFGA, AGC Young Leadership Program & GEICC Sponsor State Champions at SkillsUSA National Championships

10 The Georgia Contractor is published bi-monthly on a calendar year basis. It is a maga-

The Case for Infrastructure & Reform

zine designed around the construction industry associations and their

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members. It is supported by associations and their members. Executive,

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editorial, circulation, and advertising offices: 1154 Lower Birmingham Road, Canton,

Westside Reservoir Park ~ Atlanta’s Next Great Green Frontier

Georgia 30115 • Phone: 770.521.8877 • Fax: 770.521.0406 e-mail: thegeorgiacontractor@a4inc.com. Send address changes to your

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association and/or to TGC Publishing LLC.

Georgia Contractor News

Opinions expressed by the authors are not necessarily those of any of the

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associations or publisher nor do they accept responsibility for errors of content

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or omission and, as a matter of policy, neither do they endorse products or advertisements appearing herein. Parts of this magazine may be reproduced with the

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written consent of the publisher.

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The Final Launch

24 Digging Out of a Tough Economy

26 Georgia’s Aggressive New Immigration Law ~ The Trend in ICE Investigations

28 Maintaining & Protecting Our Roads & Infrastructure

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30 Lessons Learned: KARST Environments 5

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he SkillsUSA National Championships, held in Kansas City, Missouri, took place June 2024, 2011, as part of the SkillsUSA 47th annual National Leadership and Skills Conference (NLSC), a showcase of career and technical education students.

The SkillsUSA Championships is the nationallevel competition for public high school and college/postsecondary technical students enrolled in career and technical education programs. SkillsUSA organizes this event, and it is considered the single greatest day of industry volunteerism in America every year at an estimated cost of more than $35 million. Each SkillsUSA Championships contestant is a state-level gold medalist.

CEFGA (the Construction Education Foundation of Georgia), the AGC Young Leadership Program and GEICC (the Georgia Energy and Industrial Construction Consortium) provided more than $12,000 in travel scholarships for Georgia’s state champions to represent the state in Kansas City.

Begun in 1967, the SkillsUSA National Championships has grown from 54 competitors in three contests to more than 5,500 competitors in 94 hands-on skill and leadership contests this year. SkillsUSA adds contests to the SkillsUSA Championships to meet the demands of new and expanding occupations. SkillsUSA affiliated instructional programs represent 130 different occupational areas. The competition show room floor encompasses more than 16 football field’s worth of space.

For the third year in a row, Georgia ranked 4th in the nation, in medallion count, behind only Florida, Texas, and Massachusetts. Georgia high school competitors brought home 23 medallions and 67 top scorer positions, indicating an increase over last year’s placement. A pinnacle achievement for SkillsUSA members as part of the new Work Force Ready System is the awarding of Skill Point Certificates. Earning a Skill Point Certificate is a significant achievement that documents a student’s knowledge and abilities within a certain area. This criterion is developed and endorsed by industry representatives. 88 Georgia students earned Skill Point Certificates, signifying that they achieved technical competencies and proficiency on the national level.

Following is a list of students sponsored by CEFGA, the AGC Young Leadership Program and

CEFGA, AGC YOUNG LEADERSHIP PROGRAM GEICC

sponsor state champions at skillsusa national championships

By Scott Shelar | Director | CEFGA

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The Georgia Contractor

July | August 2011

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GEICC. Congratulations to these students and their advisors for a great showing in Kansas City. Thank you for making Georgia proud!

Diesel Equipment Technology Landon Eurek Lumpkin Co. HS (Dahlonega) State Champion

Architectural Drafting Chris Richardson Westover HS (Albany) State Champion

HVAC Matt Warren Jordan HS (Columbus) State Champion

3D Visualization and Animation Ryan Evans, Jacob Jennings Central Education Center State Champions National Silver Medalists Building Maintenance Edgar Gonzalez Cross Keys HS (Atlanta) State Champion, National Finalist 4th Place Cabinetmaking David Thompson Franklin Co. HS (Carnesville) State Champion, National Finalist 9th Place Carpentry Kyle Stephens Chestatee HS (Gainesville) State Champion, National Finalist 7th Place

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Industrial Motor Control Glavin Eakes Camden Co. HS (Kingsland) State Champion Masonry Michael “Cole� Dasinger Harris Co. HS (Hamilton) State Champion Plumbing Brett Jenkins Thomson HS (Thomson) State Champion, National Finalist 4th Place Electrical Wiring Eric Allen Franklin Co. HS (Carnesville) State Champion Sheet Metal Dylan McClellan Harris Co. HS (Hamilton)

State Champion, National Finalist 8th Place TeamWorks Cameron Gardell, Hanan Mitchell, Andrew Mitchell and Steven Wood Camden Co. HS (Kingsland) State Champions, National Finalists 10th Place Tech Prep: Architecture & Construction Ronald Falber-Stroud Helen McEachern Manuel Montes de Oca Maxwell High School (Lawrenceville) State Champions National Bronze Medalists Welding Drew Swafford Cedartown HS (Cedartown) State Champion Welding Fabrication Appling Co. HS (Baxley) State Champions Welding Sculpture Chase Horne Lee County HS (Leesburg) State Champion, National Finalist 5th in Welding Sculpture For more information about CEFGA or SkillsUSA, please call Scott Shelar, execu-

The Georgia Contractor

July | August 2011

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THE CASE FOR INFRASTRUCTURE & REFORM

By Stephen E. Sandherr | Chief Executive Officer | Associated General Contractors of America e are in a new period where the need to tackle ever-larger federal deficits and the growing debt they create will drive many of the decisions being made in Washington. This new era is forcing many officials to reflect on the proposer role for the federal government and what type of infrastructure projects ought to qualify for limited federal investments.

In an effort to anticipate and answer those questions, the Associated General Contractors of America recently released The Case for Infrastructure & Reform. This new report asks many of the same questions federal offi-

W

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The Georgia Contractor

July | August 2011

cials are likely to pose about the size and structure off the federal role in infrastructure. It explores the rationale for continued federal investments. It examines many of the significant economic, safety, environmental and health benefits of investing in infrastructure. And it identifies many of the problems with our current federal approach.

Most important, it offers a series of reform proposals that we feel are vital to improving infrastructure programs and refocusing federal investments where they are most-needed and most-appropriate.

If acted upon, these proposals should significantly improve the efficiency of federal infrastructure programs, helping win back the confidence taxpayers once had in the federal government’s ability to invest their infrastructure dollars both wisely and well.

The report begins by noting that the federal government has a clean and compelling responsibility to invest in transportation facilities that support interstate commerce. The federal government, for example, has a vital role to play in maintaining our national economic security by investing in the infrastructure that is vital to commerce. After all, the Constitution is quite clear that it is the responsibility of the federal government to facilities interstate commerce.

In addition, many federal infrastructure programs have traditionally been self-funded. Since the 1950s, highway users have provided all of the funds for construction of the Interstate Highway System and its ongoing maintenance. Meanwhile, state resolving funds for new water system projects are financed by the repayment of previous loans from the program.

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Eliminate Transportation Spending Programs that Are Not Truly Federal. Congress and the Administration should either eliminate programs that are not truly federal and/or devolve them to state and local governments where they would be more appropriate.

Give State and Local Officials More Flexibility. Aside from setting minimum safety standards and ensuring high levels of design and construction quality, federal infrastructure programs should eliminate the high cost of accepting federal funds by eliminating uniform requirements, including Buy America provisions, and the tremendous amount of paperwork that comes with them.

Infrastructure investments also are crucial to national economic security and protecting businesses and citizens from the hidden tax they would bare should our infrastructure be allowed to fail. The report also makes clear that investing in the maintenance of infrastructure is far cheaper than paying to fix those facilities once they break.

And of course, ensuring a continued federal role in infrastructure is the best way to ensure the health, safety and economic vitality of sparsely populated rural communities. Many of these communities lack the resources needed to finance the construction of major infrastructure projects.

The federal government, however, is uniquely suited to supporting infrastructure investments in these communities.

But just because there is a clear need for a continued federal role in financing infrastructure projects doesn’t mean many current federal infrastructure programs aren’t in need of a change. Indeed, many of the flaws with our current federal approach undermine and devalue federal infrastructure investments, reinforcing public skepticism in the government’s ability to efficiently and effectively meet basic needs.

Nowhere are those flaws more glaringly apparent than with our current approach to surface transportation funding.

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Where once the program was narrowly focused on building the Interstate Highway System, gas tax dollars are now being used to protect covered bridges, encourage students to walk to school and build local bike lanes. Indeed, only about 68 percent of federal transportation funds go to construction and maintenance of highways.

Meanwhile, the federal process for approving new highway and transit projects has become so slow and inefficient that it now takes an average of 13 years to go from concept to completion for a new highway.

Worse, federal rules actually bar transportation officials from competing for billions of dollars in private sector equity that is currently being invested in infrastructure projects worldwide.

That is why the Associated General Contractors of America undertook an exhaustive review of the many ideas currently being offered for reforming infrastructure.

We met with leading policy thinkers and former members of the President’s Council of Economic Advisors, reviewed reports from two Congressionally-chartered study commissions and even convened, in cooperation with The Weekly Standard, our own policy panel to discuss the best way to reform our approach to infrastructure.

The association compiled those reform proposals and has selected many of the most promising ones. In addition, we crafted new proposals based on many of the insights and observations others—including our members—have made about our current infrastructure approach. Our recommendations include:

Streamline Federal Reviews and Set Specific Deadlines for Completing Them.

Congress and the Administration should streamline the environmental review process and set specific timelines for completion of each step of the process. They should also create higher thresholds and time limits on

when individuals and interest groups can file lawsuits to stop or delay key projects.

Re-Embrace the User Pays Principle.

Today highway users and general taxpayers are being forced to subsidize forms of transportation they don’t use or benefit directly from.

Washington should return to a truer form of user pays where transit, rail, bicycle and highway users each contribute to portions of the highway trust fund that finance their form of transportation.

Establish a Clean Water Trust Fund.

Consistent with the need to embrace the user pays approach for funding infrastructure, the Administration and Congress should work together to establish a Clean Water Trust Fund that will allow for future investments to come from dedicated and sustainable long-term funding sources.

Establish a National Infrastructure Bank.

Consolidate existing federal transportation infrastructure lending programs and similar

infrastructure programs into a single national infrastructure bank. At current market conditions, if the bank were capitalized at $1.5 billion annually, it could leverage those resources into as much as $51 billion worth of infrastructure projects.

Establish a Postal Rate-like Commission for Setting Transportation User Fees.

Establishing a similar institution for transportation infrastructure would depoliticize the process of setting transportation user fees, making it easier to finance needed repairs to our aging transportation network.

Encourage Greater Private Operation of Transit Services. Federal officials should put in place provisions that encourage and reward communities willing to partner with the private sector to operate, on a contract basis, transit systems, or that allow multiple private operators to run different parts of their transit systems in a competitive manner.

Encourage States to Enact Workable Public Private Partnership Laws. Estab-

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July | August 2011

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lish a new Public Private Partnership Innovation Fund, which could be funded from unused transportation earmarks and other appropriate sources. States will be able to win competitive grants from this fund based on their success in enacting workable Public Private Partnership enabling legislation and entering into viable public private partnerships.

Establish Public Benefit Bonds. Establishing Public Benefit Bonds would allow international commercial banks, pension funds, life insurance companies and other similar institutions that cannot benefit from taxexempt bonds to invest their billions in U.S. infrastructure, instead of in overseas projects.

Establish a Federal Multiyear Capital Budget for Public Works. Establishing a federal multiyear capital budget for public works will make it easier for officials to plan for, and finance, major long-term infrastructure projects. Such an approach is preferable to the current federal budgeting process for key infrastructure like water and wastewater facilities that discourages good long-term asset management by focusing on funding short-term needs only.

Reform the Water Resources Development Act. Congress must act quickly to pass a new Water Resources Development Act that allows navigation and flood control projects that have been vetted and identified by the Corps of Engineers and the Bureau of Reclamation to be funded. In addition, it should de-authorize older and unneeded projects where construction has yet to get underway.

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Pass Infrastructure Bills on Time. Without infrastructure legislation in place, state and local officials have no way of knowing how much they’ll be able to invest in critical projects, forcing costly delays.

Eliminate the Current Practice of Earmarking Federal Infrastructure Funding.

Congress and the Administration must establish a system that allows federal, state and local officials to accurately assess and address documented infrastructure priorities.

Reform and Re-Establish Build America Bonds Program. Congress should reform this now-expired bonding program by requiring a portion of the transaction fees firms collect when the bonds are issued to be set aside for a special insurance pool to cover potential defaults.

Repeal Three Percent Withholding Tax for Government Contracts. Beginning in 2013, federal, state and most large local government bodies will be required to withhold three percent from all payments for goods and services—including construction —they purchase. Given the extremely narrow margins on which most construction firms are now operations—on average 3.2 percent—this new mandate will needlessly inflate the cost of public construction.

Even if we weren’t on the brink of a new era of federal austerity, the fact is that our federal infrastructure programs have become so convoluted, unfocused and/or ineffective that public support for funding them has declined precipitously.

That a nation obsessed with traffic and

commuting patterns would chronically resist federal gas tax increases is a clear indication that most Americans no longer believe that the people who built the Interstate can make it better.

Reforming the federal approach to infrastructure is crucial to ensuring America’s continued prosperity and national economic security. That is because the strength of the nation’s infrastructure has a direct impact on the health of its economy, especially in the supply chain, just-in-time model most U.S. businesses have embraced. In today’s economic environment, allowing vital infrastructure to deteriorate further is tantamount to undermining our national economic security.

It is because the health of our infrastructure is so critical to the strength of our economy that AGC’s government relations team has been actively promoting this plan on Capitol Hill since we released in May. Meanwhile our media outreach efforts resulted in coverage in several construction trade publications, including Engineering News-Record, Better Roads and Roads & Bridges. We have also partnered with the conservative weekly magazine, The Weekly Standard, to highlight and promote the plan and demonstrate to conservative-leaning audiences in particular the importance and value of investing in infrastructure now.

We also are encourage all our members, and anyone else interested in the strength of our infrastructure and our economy, to review the plan and urge their members of Congress to act on it.

The fact is that in the crisis-driven environment in Washington, it is hard to get elected officials to focus on making broader structural reforms.

That is why it is so crucial that they hear directly from their own constituents about why improved federal infrastructure programs are essential for our long-term economic viability.

Read the plan online at www.agc.org.

Stephen E. Sandherr is the chief executive officer of the Associated General Contractors of America. v The Georgia Contractor

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WESTSIDE RESERVOIR PARK ATLANTA’S NEXT GREAT GREEN Frontier

By Atlanta BeltLine Inc. & the City of Atlanta Department of Watershed Management

L

ike many cities across the country, Atlanta is grappling with aging infrastructure and increased competition from other cities to attract new residents, jobs and businesses. In response to these challenges, the City is implementing strategies to improve quality of life, generate economic development and sustainably manage its resources.

At the heart of this effort is the Atlanta BeltLine project, the largest urban redevelopment project currently under way in the United States. Using a 22-mile network of mostly abandoned rail lines, the Atlanta BeltLine is being built as a system of dense, live-work development that includes badly needed greenspace, parks, bike paths and similar recreational and lifestyle amenities.

The vision for the Atlanta BeltLine originated in a Georgia Tech graduate student’s thesis and has evolved into a sustainable redevelopment initiative that addresses transportation, parks and public spaces, affordable housing, economic development and sustainable resource management.

The Atlanta BeltLine will create 22 miles of pedestrian-friendly rail transit, 33 miles of multi-use trails, 1,300 acres of new parks, more than 5,000 units of affordable workforce housing, and 30,000 new jobs. It will also remediate more than 1,000 acres of brownfields, address stormwater runoff and use sustainable methods to manage resources and keep long-term maintenance costs low.

And, in its fifth year of development, the Atlanta BeltLine is already making an impact on the City’s water infrastructure.

Recently, the City celebrated the opening of a new Atlanta BeltLine park in the Old Fourth Ward community, the Historic Fourth Ward Park. Providing the anchor for the new park is a two-acre stormwater detention pond that can store stormwater from a 500year storm, if necessary. The pond, construction of which was funded by the City’s Department of Watershed Management, will dramatically reduce sewer overflows and flooding in the low-lying area.

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“The detention pond represents what can happen when the City and a dedicated community work together to resolve an issue,” says Kimberly Parmer, who managed the project for the Department of Watershed Management. “Building the pond instead of pursuing alternative options for elimination of sewer overflows saved money and provided an aesthetic amenity that the community loves.”

A few miles northwest of the Historic Fourth Ward Park, another park, the Westside Reservoir Park, is envisioned as one of the signature pieces of the Atlanta BeltLine. The park is a prime example of the BeltLine vision—a planned park that will be the largest in the city. Built on the site of a former granite quarry, the park’s centerpiece will be a 1.9-billion-gallon water reservoir.

In Atlanta, water has been a central focus of residents, politicians, businesses and neighboring states for decades. Even before beginning work on the Atlanta BeltLine, the City had undertaken a $4 billion, federally mandated effort to upgrade its aging sewer system. And, for the last two decades, the state of Georgia has been at odds with neighboring states Florida and Alabama regarding the use of water from the Chattahoochee River, a primary source of water for the Atlanta region.

The Bellwood Quarry, located in northwest Atlanta and formerly managed by Vulcan Materials Co., provided granite for roads and infrastructure for more than 100 years. In 2006, the City of Atlanta, Vulcan and Fulton County, which owned the massive property, negotiated a deal to sell the site to the City for construc17

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tion of a new 300-acre park with a drinking water reservoir in the old quarry pit. Since that time, Vulcan has transferred is operations off of the site and started remediation activities. The site is now being managed by the City’s Department of Watershed Management.

From 2007 to 2009, Atlanta BeltLine, Inc., the organization responsible for the planning and implementation of the Atlanta BeltLine project, and the City of Atlanta’s Bureau of Planning created a master plan for the area around the future park, using significant input from the community. The plan included the 45-acre reservoir in the quarry pit, multi-use trails, hiking and bike paths, multi-use sports fields and a large meadow for passive recreational space.

The reservoir will hold a 28-day backup water supply, which will be critical to successfully addressing citywide droughts.

The future park is located just west of Midtown Atlanta in one of the fastest growing areas in the city. The area has already experienced significant growth, and the park is expected to generate some of the most robust development along the entire Atlanta BeltLine. Its location near the Chattahoochee River intake, from which river water is piped to the City’s treatment plants, makes the reservoir well-positioned to benefit from an existing water source.

Because of the park’s proximity to the Atlanta BeltLine corridor, alternative transit will be another important component to the park’s development. The park will be served by three transit alternatives: the Bankhead MARTA Station, MARTA bus routes and Atlanta BeltLine transit. The park will also be accessible via the Atlanta BeltLine multi-use trail system and the future extension of the Silver Comet Trail – a widely used trail extending from the Atlanta suburb of Smyrna to the GeorgiaAlabama border.

While significant progress has been made since the purchase of the property by the city, much remains to be done before construction can begin. Approximately half of the land envisioned for the park is now owned by the City, and Atlanta BeltLine, Inc. is working with the various abutting property owners to acquire the rest of the 18

Georgia

parcels. In the next five to seven years, the Department of Watershed Management will begin work on the reservoir itself, and pieces of the park will be developed in phases as funding becomes available.

While the site is not yet open to the public, people can access the future park as part of the free Atlanta BeltLine tour, which runs every Friday and Saturday morning, and includes a stop at the quarry site. People can reserve seats on the tour online at tours.beltline.org. The quarry is considered by many to be the highlight of the tour. In its current state, the quarry pit is visually dramatic with large, jutting pieces of granite and a greening meadow adjacent to it where the quarry activities used to take

place. The site also boasts excellent views of the Atlanta skyline.

Cities rarely have the opportunity or the land necessary to develop 300-acre parks. Even rarer is acquisition of a site that can also serve as a water reservoir. Once Westside Reservoir Park is complete, it will be a national model for how to repurpose industrial land to serve the needs of the public and improve quality of life.

“This park will not only provide recreational opportunities for Atlantans, it will also help us address a critical infrastructure need,” says Brian Leary, President and CEO of Atlanta BeltLine, Inc. “It provides a benefit not often seen in construction of a park.” v

The Georgia Contractor

NewsContractor

Construction Employment Slips Again in June, Extending Five-year Slump, as Downturn in Public Works Offsets Limited Private-sector Gains Drop in Construction Unemployment Rate Suggests Workers are Leaving Industry, Threatening Later Growth; Officials Call on Federal, State Governments to Promptly and Fully Fund Infrastructure Projects Construction employment remained mired in a five-year-long slump as the industry shed another 9,000 jobs from May to June, according to an analysis of new federal employment data released today by the Associated General Contractors of America. Association officials said that declines in public sector construction activity will negate any pickup in private sector demand unless Congress and states promptly and fully fund needed infrastructure spending and streamline the approval process for public projects.

The industry unemployment rate fell from 20.1 percent a year ago to 15.6 percent in June 2011, said Ken Simonson, the association’s chief economist. However, Simonson noted that the June 2011 employment total of 5,513,000 was only 2,000 higher than in June, 2010, and more than 2.2 million, or 29 percent, below the peak in April 2006.

“Even with the drop in the industry unemployment rate, the lack of hiring means that people are leaving construction, not going back into it,” Simonson said. “That will make future expansion all the more difficult.”

The construction economist noted that employment in heavy and civil engineering construction—the segment that had previously added jobs as a result of federal funding for stimulus, military base

July | August 2011

realignment and Gulf Coast hurricane protection projects—shrank for the second month in a row, by 1,800 jobs, although the June 2011 total was 23,000 jobs or 2.8 percent higher than a year earlier. Residential building and specialty trade employment dropped a combined 9,900 jobs in June and 35,000, or 1.7 percent, over the past 12 months.

Nonresidential building and specialty trade contractors added a net 2,700 jobs for the month and 16,200 jobs, or 0.6 percent, over 12 months.

“In the second half of 2011, there should be a strong gain in apartment and manufacturing construction; some improvement in construction of hospitals, distribution centers and hotel renovations; and ongoing strength in power and energy projects,” Simonson predicted. “But job creation in these niches may be swamped by further declines in public construction and continued weakness in single-family homebuilding, office and retail work.”

Association officials said that it is vital for public officials at all levels of government to renew commitments to maintain and update infrastructure. The construction association also reiterated its call to streamline approvals of public works.

“The announcement yesterday of the outline of a long-delayed federal highway and transit funding authorization, with a quicker approval process, is an encouraging note, but the proposed funding level is grossly inadequate,” said Stephen E. Sandherr, the association’s chief executive officer. “Meanwhile, a budget stalemate in Minnesota has already led to a halt in state highway projects there, adding to the unacceptably high loss of construction jobs. Other road, school and public

works projects are at risk of shutting down soon unless government officials act promptly.” v IRS Increases Mileage Rate to 55.5 Cents per Mile The Internal Revenue Service today announced an increase in the optional standard mileage rates for the final six months of 2011. Taxpayers may use the optional standard rates to calculate the deductible costs of operating an automobile for business and other purposes.

The rate will increase to 55.5 cents a mile for all business miles driven from July 1, 2011, through Dec. 31, 2011.

This is an increase of 4.5 cents from the 51 cent rate in effect for the first six months of 2011, as set forth in Revenue Procedure 2010-51.

In recognition of recent gasoline price increases, the IRS made this special adjustment for the final months of 2011.

The IRS normally updates the mileage rates once a year in the fall for the next calendar year.

"This year's increased gas prices are having a major impact on individual Americans. The IRS is adjusting the standard mileage rates to better reflect the recent increase in gas prices," said IRS Commissioner Doug Shulman. "We are taking this step so the reimbursement rate will be fair to taxpayers."

While gasoline is a significant factor in the mileage figure, other items enter into the calculation of mileage rates, such as depreciation and insurance and other fixed and variable costs.

The optional business standard mileage rate is used to compute the deductible costs of operating an automo-

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bile for business use in lieu of tracking actual costs. This rate is also used as a benchmark by the federal government and many businesses to reimburse their employees for mileage.

The new six-month rate for computing deductible medical or moving expenses will also increase by 4.5 cents to 23.5 cents a mile, up from 19 cents for the first six months of 2011. The rate for providing services for charitable organizations is set by statute, not the IRS, and remains at 14 cents a mile.

The new rates are contained in Announcement 2011-40 on the optional standard mileage rates.

Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates.

Mileage Rate Changes

Purpose

Rates 1/1 through 6/30/11

Business

51

Medical/ Moving

19

Charitable

14

Rates 7/1 through 12/31/11

55.5

23.5

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This message was distributed automatically from the mailing list IRS Newswire. v 20

Dump Truck Professional Certification Program

has developed a two-tiered qualification program. The minimum criteria for a driver to begin the certification program were established.

By Bill Johnston In the fall of 2009, the Georgia Construction Aggregates Association (GCAA) determined that there was a need within the dump truck industry for a focused driver training program to enhance the interaction between truckers and quarry operators and improve the professional image of the dump truck driver. The “Dump Truck Professional” (DTP) certification program is the training program that has been developed to address the need for aligning the trucker and the quarry operator to achieve higher performance standards and focus on safety in all aspects of driver activities.

By January 2010, a coordinating committee established goals for this training program and a consultant was hired to develop the program. The GCAA Dump Truck Steering Committee developed a criterion that was considered necessary for successful truck driver performance.

The committee determined that this training program should be made accessible to all truck companies regardless of geographic location. It must be simple to administer, offer effective training, verifiable by testing and include a continuing education component. The DTP program is available to all dump truck companies regardless of their affiliation with GCAA. The DTP program was designed to make it very easy to participate. There are simple steps for registration, training, certification and continuing education. It is available on either an online/internet basis or by a sponsored classroom training format.

By utilizing existing committee resources within the GCAA and assistance from the Georgia Department of Public Safety, Commercial Compliance Division, expert knowledge was gathered to formulate the most timely, relevant, and critical compliance information available. The program consists of five separate modules to provide the necessary training. The DTP training program features these different topics.

Minimum RequirementsDriver Qualifications • • • •

Hold a valid CDL Hold a valid DOT Medical Card Drug and alcohol free while on duty Pass the five module tests

A “Certificate of Completion” is awarded with the successful completion of the five modules.

Certification Requirements • • • • • • • •

Safety Community Awareness & Relations Environmental Compliance Legal Compliance & Ethics Motor Carrier Compliance

These five areas are recognized as the most critical performance areas as they relate to the interaction between dump trucks, quarry operations, communities and the travelling public. Each module has a test to ensure that the participant has reached an acceptable understanding of the materials.

In order for a driver to participate in the DTP program, the GCAA committee The Georgia Contractor

•

DTP Certificate Completion 12 months driving experience with one company three years overall CDL driving experience an industry acceptable driving record

For a driver to receive their DTP Certification, they must also verify these additional requirements. Once a driver has completed the DTP training program, they receive their “Certificate of Completion.” After it is verified that they have met all certification requirements as determined by the GCAA, the driver receives their DTP Certification. A wallet-sized card is issued to confirm their certification status. The certification is valid for a period of three years.

It is renewed by completing the continuing education module. The continuing education module contains information to update drivers on issues or regulations that have changed since receiving their initial certification.

An added benefit available to the trucking company is that once 100 percent of all the companies drivers have received their DTP certification, the GCAA Member Company will be recognized as a “Certified DTP Company.” This standard is acknowledged by an award and publicly displayed by truck stickers applied to all their trucks.They are also listed on the GCAA Web site.

July | August 2011

Future and existing customers can check the GCAA Web site for company compliance with this training program.

The DTP Certification program first became available in September of 2010.

Since that date, over 210 drivers have received their certification. Also, more than ten companies have complied with the 100 percent participation requirement for inclusion as a “Certified DTP Company.”

With the development of a classroom training program, additional interest in training has resulted. For information on the DTP training program and certification, contact the GCAA office at (678) 473-0012 or go online to www.gcaa.org and click on the DTP link for information or registration. v Pile Dynamics Inc. develops breakthrough test for concrete foundations in partnership with FGE A new solution for integrity evaluation of concrete foundations has been developed by the Pile Dynamics (PDI) - Foundation & Geotechnical Engineering, LLC (FGE) partnership: the Thermal Integrity Profiler (TIP).

TIP uses the heat generated by curing cement (hydration energy) to assess the quality of cast in place concrete foundations such as drilled shafts, bored piles, augered cast-in-place, continuous flight auger piles and drilled displacement piles. Because temperatures within the concrete founda-

tion are dependent on its diameter and distance to the center of the shaft, TIP measurements may be used to estimate the actual shape of the shaft including the previously difficult to determine thickness of concrete cover.

The Thermal Integrity Profiler, which is based on research conducted at the University of South Florida and originally implemented by FGE, is attractive in that it assesses the concrete quality of the entire cross-section and along the entire length of the foundation. Another major advantage of the TIP is its early testing time; test results are available as early as 12 hours after concrete is poured, allowing construction to continue.

The TIP is available in two types of thermal data acquisition systems: either with an infrared probe that is inserted in Crosshole Sonic Logging-type access tubes, or with thermal wires™ that are attached to the reinforcement cage prior to concreting.

Either way, data is collected by Thermal Acquisition Ports, transferred to the TIP, and downloaded to a computer for further analysis and result presentation by the Thermal Analysis Reporter software.

In addition to the Thermal Integrity Profiler, Pile Dynamics produces several other quality assurance and quality control products for the deep foundations industry.

Its products are recognized throughout the world as the ultimate solutions for testing and monitoring of deep foundations. v

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time to find out if the shuttle would indeed depart on time.

Fueling takes 12 hours and began ontime at the KSC launch site. Slightly after midnight, the astronauts were woken and final preparations made. Once inside the shuttle, air was pumped into their suits to remove any wrinkles that may have existed between their bodies and their seats as this would prove to be uncomfortable for the flight's force and duration. The astronauts finalized preparations, were briefed with one last weather report, and waited for two hours before take off. The rocket boosters cause the shuttle to move backwards with the needle arcing to the rear, then it straightens up, and vibrates with insurmountable force as it begins to move off of the launch pad toward orbit. The magnitude of the ignition is such that a person standing within 800 feet of the engines would be killed instantly by just the sound of the explosion.

While on the STS-135 mission, there will be repairs for within the ISS, scientific experients, and a space walk for repairs on the ISS exterior systems. The recent Space Station IMAX movie begins as an astronaut finds that he has lost contact with the ISS while working on a part on the ISS. He begins to drift off into space, no longer unattached to any hardware. Avoiding an astronaut's worst nightmare, he is able to fire up his jet pack from the controls on his chest to move in from abysmal space back to his partner astronaut that reattaches him to the ISS. On this mission, Magnus will control the space arm that will help Ron Fossum and Mike Garan (who are temporarily residents on the ISS) make their repairs to the ISS during their dangerous space walk.

The smallest error on her part could be fatal for the astronauts and detrimental to the ISS. Her technical experience, like her colleagues, is vastly underrated.

The Final Launch

By Stephanie Aurora Lewis, NCARB, LEED AP

A

n incredible sight, over one million people crowded around every nook and cranny at Cape Canaveral on a sweltering Florida morning to sneak a peak at what is likely America’s greatest engineering accomplishment. One amongst many, I was profoundly moved by the massive explosion of liquid hydrogen and oxygen as the Atlantis shuttle took off toward the International Space Station for the last time. The sound of its booming exit to space caused the spectators to cheer in unison. Decidedly, one must experience a launch in person to fully realize its blazing splendor.

A vastly influential architect of the 20th Century, Le Corbusier too was inspired by leading engineering ideas and materials of his day when designing Villa Savoye, his most famous building. In fact, it was also with great appreciation that he wrote in Towards a New Architecture, “Engineers unknown to the world at large, mechanics shop and forge have conceived and constructed these formidable affairs that steamships are. We land-lubbers lack the power of appreciation and it would be a good thing if, to teach us to raise our hats to the works of ‘regeneration,’ we had to do the miles of walking that the tour of a steamship entails.” Like Le Corbusier, how can we be inspired by NASA’s feats of engineering and incorporate some of its lessons into our own work?

An Exciting Friday At 11:29am EST on Friday, July 8th, 2011, the long-awaited final shuttle mission Atlantis STS-135 launched from the Kennedy Space Center in Cape Canaveral, Florida. Atlantis held the small four-person crew of Christopher Ferguson, Doug Hurley, Sandra Magnus, and Rex Walheim. The day before the launch, many administrators from the Kennedy Space Center (KSC) did not believe the launch would leave as planned due to the following weather conditions. A small liquid nitrogen leak exposed 22

to lightening from as far as 25 miles away while fueling the shuttle could result in an explosion. Low cloud cover could make an emergency landing impossible because of

impaired visibility. Aware of these and other variables, the crowds watching nearby were waiting on pins and needles until just nine minutes before the expected target launch The Georgia Contractor

Over the past 30 years, the NASA shuttles have supplied work on the Hubble Space Telescope and have helped conduct experiments in biology, physics, astronomy, and meteorology on the International Space Station. Impacting earth, it was in this laboratory that significant advances in breast cancer research, improved design of safe child car seats, and breakthroughs in research on muscle atrophy, bone loss, crystal formation, recycling water, plant growth, and much more were realized. The Atlantis crew plans to return to earth on the 42nd anniversary of the Apollo 11’s touchdown on the moon on July 20th, 2011.

The Most Complex Machine Ever Built Watching the launch made all of us take a step back and seize only a very, very small glance into the kind of human ingenuity it has taken to make it possible to send astronauts to space. The amount of people and intelligence backing these missions is hard to begin to depict and describe. As a teaser, let’s look at some information about the shuttle's main engine courtesy NASA.gov.

Developed in the 1970s by NASA’s Marshall Space Flight Center, in Huntsville, Ala., the space shuttle’s main engine is the most advanced liquid-fueled rocket engine ever built. Its main features include variable thrust, high performance reusability, high redundancy and a fully integrated engine controller. The shuttle’s three main engines are mounted on the orbiter aft fuselage in a triangular pattern. Spaced so that they are movable during launch, the engines are used, in conjunction with the solid rocket boosters, to steer the shuttle vehicle. Each of these powerful main engines is 14 feet long, weighs about 7,000 pounds and is 7.5 feet in diameter at the end of its nozzle. The engines operate for about 8.5 minutes during liftoff and ascent, burning more than 500,000 gallons of super cold liquid hydro-

gen and liquid oxygen propellants stored in the external tank attached to the underside of the shuttle.

The engines shut down just before the shuttle, traveling at about 17,000 miles per hour, reaches orbit. The main engine operates at greater temperature extremes than any mechanical system in common use today. The fuel, liquefied hydrogen at -423 degrees Fahrenheit, is the second coldest liquid on Earth. When it and the liquid oxygen are combusted, the temperature in the main combustion chamber is 6,000 degrees Fahrenheit, hotter than the boiling point of iron.

In fact, one space shuttle main engine generates sufficient thrust to maintain the flight of two and one-half Boeing 747 airplanes. The space shuttle main engine also is the first rocket engine to use a built-in electronic digital controller, or computer.

The controller accepts commands from the orbiter for engine start, change in throttle, shutdown and monitoring of engine operation.

Another hallmark of the shuttle program is the outstanding display of teamwork and leadership that expands not only across our nation, but internationally.

NASA has plans for continued research even though the space shuttle program has expired. Nonetheless, one could have cut the emotion with a knife there at Cape Canaveral on Friday before and after Atlantis took off. “After the wheels have stopped and the displays go blank and the orbiter is unpowered for the final time... there will be a rush of emotion when we all finally realize that’s it, that it’s all over, the crowning jewel of our space program, the way we got back and forth from low-Earth orbit for 30 years… we’ll realize that’s all over," Astronaut & Commander of Atlantis Chris Ferguson said before launch. “That’s going to take a little while to deal with.” v

Page 22 photo: Space shuttle Atlantis, secured atop a mobile launcher platform, is moments from liftoff from Launch Pad 39A, overlooking the Atlantic Ocean at NASA's Kennedy Space Center in Florida. Liftoff was at 11:29 a.m. (EDT) on July 8, 2011. Onboard are NASA astronauts Chris Ferguson, commander; Doug Hurley, pilot; Sandy Magnus and Rex Walheim, both mission specialists. STS-135 will deliver the Raffaello multi-purpose logistics module packed with supplies and spare parts for the space station. Atlantis also carries the Robotic Refueling Mission experiment that will investigate the potential for robotically refueling existing satellites in orbit. In addition, Atlantis will return with a failed ammonia pump module to help NASA better understand the failure mechanism and improve pump designs for future systems. STS135 will be the 33rd flight of Atlantis, the 37th shuttle mission to the space station, and the 135th and final mission of NASA's Space Shuttle Program. Photo credit: NASA July | August 2011

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Digging Out of a Tough Economy

By Vikki McReynolds

T

he economy does have a pulse. The stock market is our friend again. But the utility industry in Georgia is still digging out of the rubble of the economic downfall.

This is because Georgia’s housing market is still in the tank, and the Federal Reserve chairman just announced that the economy may not bounce back as soon as he had expected. It appears that late 2012 or early 2013 is the best recovery prediction. Add a President election to the mix and you can just image why nothing will be happening in 2012.

Water projects on the books slowed to a trickle because of the recession. Those who depended upon the private development sector years ago tried to diversify and moved over to the public works sector only to find out that all but dried up. Those in public works moved over to commercial projects which finally caught up with a tanked economy and no work could be found there. Prices got low and bidders were undercutting just to keep cash flowing.

Contractors were forced to sell, rent or let equipment go. Along with that went their capitol and leverage for loans. Banks were not helping either by holding onto the money the Federal Government gave them for bailouts.

Basically, the only work that has been around has been in federal contracts and some larger private utility companies having rehab and new installs and unless you were already an approved contractor with those companies, it was hard to get a foot in the door.

Recently, and unfortunately, natural disasters such as the flooding and damage due to tornado’s and fires helped those who could mobilize and work out of state but for the most part Utility Contracting in Georgia is still suffering.

Two years ago, in the same magazine, I stated that the trend has been one of

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Vikki McReynolds camaraderie and sharing for those able to survive, and that it may take several years for all construction segments to pull out and that it would be a late as 2015 before we would see any relief. I am not one to ever want to be the bearer of bad news or even have a negative view of things around, but it just goes without saying that there is just not way to sugar coat the reality of what has or is happening.

Therefore, the question arises “What is going to happen with Utility Contracting in Georgia?” There is hope on the horizon.

The answer to that question may lie in the powers to be. These powers are Georgia’s very own state officials. Georgia is in water wars with Alabama and Florida and it came to the forefront very early that Georgia will need to address future water needs. Governor Nathan Deal and the Georgia General Assembly have stepped up to the plate.

Earlier this year Governor Deal pledged $300 million in state funds to go toward Georgia’s water infrastructure. In addition, Senator Ross Tolleson worked on Senate Bill 122 (The Georgia Public/Private Water Supply Act of 2011) for several years to give way to public private partnership for water infrastructure. As chairman of the Senate Natural Resources Committee, Tolleson passed the most comprehensive

water conservation bill in Georgia’s history last year, which outlines proactive steps in planning for water enhancement during future extreme drought conditions and additional water emergencies.

“This bill is entirely about local control. It simply gives local governments another tool to finance an infrastructure project to meet that community’s water needs,” said Tolleson in a recent keynote to Georgia Utility Contractor members at their annual conference June 16-19, 2011.

“The Water Supply Act compliments the conservation bill we passed last year, and puts Georgia on the path to ensuring we can maintain the water resources needed to keep up with a rapidly growing state.” The Act does the following: Authorizes local governing authorities, local water authorities, and the Georgia Environmental Facilities Authority to enter into contracts with private entities to construct water projects, which include reservoirs and projects to treat and dispose of sewage.

The procedure outlined in Senate Bill 122 for the formation of a public-private partnership contract is almost identical to the procedure outlined in current law for public-private partnerships for transportation projects.

A designated lead local authority will evaluate a project, with the advice and input of affected local governments, to determine appropriate or desirable levels of state, local, and private participation.

The lead local authority must then issue a public, written request for proposals at least 90 days prior to the date set for receipt of the proposals and, after a 30-day public comment period, must hold at least one public hearing.

A designated representative of the lead local authority will engage in individual discussions with each respondent deemed fully qualified. Any affected local government has the right to ten-days notice of, and participation in, the discussions. If GEFA is a The Georgia Contractor

participant in the project, a representative may participate in the discussions. These discussions will not be public meetings and may include estimates of total project costs.

The designated representative must, in an open and public meeting, select in order of preference one or more respondents whose qualifications and proposed services are deemed most meritorious.

Negotiations must then be conducted by the designated representative with the selected respondents. Each participating local governing authority, participating local authority, GEFA, and the Department of Community Affairs, or affected local government has the right to notice of, and participation in, such negotiations. Negotiations will not be public meetings.

Before making the final selection, the designated representative must consult, in an open and public meeting, with the representatives of any participating local governing authority, participating local authority, GEFA, the Department of Community Affairs, and affected local government.

The designated representative must then select for approval by the lead local authority the respondent(s) for project implementation based upon a thorough assessment of the ability of the project to meet the goals of the local authorities, consistent with applicable state-wide and regional water plans. The contract(s) must not exceed 50 years in duration and are subject to approval by each local governing authority, local authority, GEFA, and

affected local government.

However, nothing in this legislation is construed to delegate the power of eminent domain to any private entity with respect to any project commenced or proposed The process outlined in the bill is similar to the public/private procurement code that has been successfully implemented at the Georgia Department of Transportation and would provide a new, viable option for financing as local governments and the state continue to face significant budget challenges. The legislation aligns with Governor Nathan Deal’s efforts to ensure that Georgia will be abele to meet its long-term water needs.

State leaders are working to ensure that any legislation regarding Georgia’s water supply meets the recommendations of the Water Contingency Task Force, a group of government, business and environmental leaders from across the state. Early last year, the task force recommended that any future water planning focus on statewide conservation, capture and control of the state’s water supply. As continued access to adequate water resources remains in question for future use, Tolleson’s bill could be used to accelerate access to the creation of true water supplies for needy areas of the state.

This combined effort to Georgia’s water infrastructure is sure to bring a spur to the utility contracting industry.

Other utility services specifically gas transmission and distribution lines, have a federal focus of rehabilitating those lines

especially those that are in dire need of upgrades, etc. For the most part this has already happened in Georgia so it will be for those willing to work and get on the bidding list of the larger gas pipeline companies to obtain that work.

Other industries do help spur the utility contracting industry as well. This includes transportation rehabs as well as new or widening projects. With the option of a regional transportation tax this is also a glimmer of hope. Believe it or not, if the federal government can come through with money for the Savannah Port upgrade this will have lasting effects on many construction industries and will help with a come back.

Although the outlook is bleak right now, hope is on the horizon. For those who can diversify and hang on, there will be a rising of the tide. We hope it is sooner than later. v

“Gort! Klaatu Borada nikto.”

A4 INC. (770) 521 8877 USE A COMPANY YOU CAN TRUST WITH YOUR TRANSLATION PROJECT, because a little mistake in another language can have unpleasant results.

July | August 2011

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Georgia’s Aggressive New Immigration Law The Trend in ICE Investigations

S

ince the 2003 creation of Immigration and Customs Enforcement (ICE), the federal agency responsible for enforcing immigration laws at the worksite, the construction industry has become a favorite target of government investigations. The U.S. government estimates there are approximately 11 million immigrants living here illegally. With the bulk of these workers believed to be employed in construction, landscape, lodging and agriculture, these industry employers are often the hardest hit.

Upon taking office, President Barack Obama and his administration pledged to punish employers who hire undocumented immigrants, and they have done so by imposing onerous fines and criminal sanctions on employers deemed in violation. In 2009, $1 million in fines was levied on employers found to be using illegal immigrants. In 2010, ICE issued an estimated $7 million in fines. In addition, an internal ICE memorandum was uncovered detailing the agency’s strategy to continue worksite investigations and to develop “criminal cases against employers who hire and use illegal workers.”

ICE agents are encouraged to prosecute employers who knowingly hire unauthorized workers after finding evidence of mistreatment of workers, trafficking, smuggling, harboring, Visa fraud, document fraud and other violations. Those at risk of prosecution? Management—ranging from business owners to corporate managers to supervisors. Offending employers may be excluded from doing business with the federal government and receiving loans under the Recovery Act; they may also be subjected to criminal sanctions and administrative fines. The memo outlines the use of informants, cooperating witnesses, undercover agents, consensual searches and Form I-9 audits.

According to the memo, ICE’s “most important administrative tool” in conduct 26

ing investigations is the Notice of Inspection (NOI). These inspections include a detailed review of an employer’s entire employment eligibility verification process, including its I-9 forms, training and record-keeping procedures.

NOIs and ICE audits have resulted in the layoff of 25 percent of one national company’s workforce, fines of $40,000 for Form I9 violations at one location of a national chain and subjected one company to court supervision for three years, a criminal fine of $250,000 and forfeiture of $1.334 million in assets for harboring unauthorized workers.

Arizona’s Immigration Legislation However, when states attempted to curb the hiring of illegal immigrants, the federal government balked and took legal action to prevent state enforcement. In Chamber of Commerce of the United States v. Whiting, opponents attacked Arizona’s 2007 manda-

tory E-Verify legislation, arguing the federal Immigration Reform and Control Act of 1986 prohibits states from imposing sanctions for hiring illegal immigrants. But the federal law exempts “licensing and similar laws,” and the issue was whether Arizona’s law fell under that exemption.

The five-to-three decision, issued by the U.S. Supreme Court on May 26, 2011, upheld Arizona’s right to require employers to check the federal E-Verify system before hiring new workers and to penalize employers who are caught repeatedly hiring illegal immigrants.

The Court’s decision did not address the closely watched Arizona S.B. 1070, which has spurred considerable controversy.

While federal law requires certain aliens to register with the U.S. government, and to have registration documents in their possession at all times, the Arizona Act additionally makes it a state misdemeanor crime for an alien to be in Arizona without carrying the required documents. It further bars state and local officials or agencies from restricting enforcement of federal immigration laws, and cracks down on those sheltering, hiring and transporting illegal aliens. Arizona passed the law after years of frustration over problems often associated with illegal immigration, including drug trafficking and violent kidnappings. That border state is a gateway into the U.S. and, therefore, home to an estimated 460,000 illegal immigrants. The U.S. Department of Justice and several civil rights groups are currently challenging S.B. 1070.

Although the E-Verify program generThe Georgia Contractor

ally remains voluntary, by Presidential Executive Order, federal contractors are required to use E-Verify for all new hires and employees assigned to a federal contract.

Georgia’s Immigration Reform Similar to Arizona, Georgia is estimated to have 425,000 illegal immigrants who cost state and local taxpayers roughly $2.5 billion a year. This money goes to subsidizing services such as K-12 education, health care, public safety, and other state and local services. Georgia’s construction, landscape, architecture and restaurant businesses have traditionally relied on unregistered workers to provide low cost labor. The Federation for America Immigration Reform (FAIR US) reports that the average illegal worker makes $5.45 while the current minimum wage for registered workers is $7.45 an hour, plus the usual benefits.

On May 13, 2011, less than two weeks before the U.S. Supreme Court upheld Arizona's 2007 mandatory E-Verify, Gov. Nathan Deal signed Georgia's own sweeping immigration enforcement measures.

The “Illegal Immigration Reform and Enforcement Act of 2011” is patterned after Arizona’s 2007, and more controversial 2010, legislation and requires private employers with more than ten employees and public employers, such as state agencies and counties, to register and participate in E-Verify in order to verify employment eligibility of newly hired employees.

Before a county or municipal corporation issues or renews a business license, occupational tax certificate or other document required to operate a business, evidence of compliance with the E-Verify provisions must be submitted in affidavit form.

Private contractors and subcontractors wishing to bid on contracts with public employers for the physical performance of services such as construction projects must first provide affidavits of compliance with E-Verify. To assist, the Attorney General will post a standardized form affidavit on the Department of Law’s website by January 1, 2012.

This legislation has teeth. For example, effective July 1, 2011, it became a felony to use false information or documenJuly | August 2011

tation when applying for a job. Criminal or civil action can be issued, including up to 15 years in prison and $250,000 in fines, against an applicant who violates this provision. Further, the Commissioner of Labor is authorized to conduct 100 or more random audits of employers per year.

The law allows an employer found to have committed a “good faith” violation 30 days to demonstrate compliance with the law.

These requirements become effective on January 1, 2012, for employers with 500 or more employees, on July 1, 2012, for employers with 100 to 499 employees, and on July 1, 2013, for employers with 11 to 99 employees. Private employers with 10 or less employees are exempt.

This controversial legislation has already been challenged and on June 27, 2011, a federal judge in Atlanta temporarily blocked portions of the Act, including provisions that allow police officers to check the immigration status of suspects without proper identification and penalize people who knowingly transport or harbor illegal immigrants while committing another crime. It is expected that the ruling will be appealed.

Recommendations Employers should conduct internal I-9 audits to identify issues and correct viola-

tions. This should include an evaluation of the employers’ current record-keeping practices, to determine if new training programs are needed for human resources personnel.

Legal counsel should assist in developing best practices, including establishing protocols for the verification of the identity and work eligibility of new hires, advising employers on safeguards against discrimination in the I-9 process, and advising on the use of E-Verify.

Employers who receive an NOI should contact counsel as quickly as possible, since these notices only provide three days for the employer to submit the I-9 to ICE for review. Counsel should review payroll to identify discrepancies between the number of employees and the company’s I-9s. Prior to submission, employers should check I-9s, correcting those with obvious errors.

Employers demonstrating good faith efforts to comply with immigration laws may avoid criminal penalties and be assessed lower civil fines if violations are uncovered.

The construction industry should pay special attention to Georgia’s new immigration reforms, if the pattern of being a favorite target of federal probes repeats itself at the state level. Consulting legal counsel should be the first step in formulating your company’s best practices for dealing with immigration issues. v

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Maintaining & Protecting Our Roads & Infrastructure

By Vance C. Smith Jr. | Commissioner | Georgia Department of Transportation

E

ach year, more than three trillion miles are traveled on America’s roads, with a considerable amount of those— more than 300 million— occurring right here in Georgia. Our location and excellent road network means Georgia serves as a prime connecting route for vacationers and for freight movement. Georgia is the main route by which tourists from all over the USA and Canada reach popular year-round destinations in Florida. And when we add the increasing numbers of tractor trailers traveling throughout the state, our roads are almost always crowded.

So why is it that every summer, the Georgia Department of Transportation carries out statewide construction projects that further delay traffic? Well, roads, like anything else, require maintenance and upkeep to stay in a state of good repair and the warm summer months are best suited to carry out this work in the shortest possible time. For roads, a typical life cycle covers about 15 years. Once a road is constructed and opened to traffic, deterioration begins immediately.

Temperature changes, precipitation, and the wear and tear from cars and trucks all play a role. Deterioration starts out as small cracks, stress points and even settling.

This type of deterioration is normal and generally repairable if caught early enough.

If left unchecked, the level of deterioration becomes more visible, ultimately resulting in failure of the road surface through disintegration. Maintenance, preservation and routine resurfacing must be performed regularly to ensure the integrity of the pavement.

In the last three years, the Department has completed 357 resurfacing and repaving projects during the spring and summer seasons. By embarking on the resurfacing at the time it is needed, the life cycle of the pavement can be extended for years, and provide a more comfortable surface for vehicles traveling on the roads.

Preventive maintenance saves taxpayer

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dollars from more costly repairs later; it keeps the roadway from total deterioration and preserves one of our most valuable assets—our transportation system. The costs associated with delaying maintenance can be staggering—up to 14 times more than the cost of proper maintenance. In other words, a total reconstruction project generally costs $14 for every $1 in preven-

tative maintenance costs that would have been spent if repairs had been made as needed. Beyond the greater costs due to delayed maintenance, the time required to bring roadways back to useable conditions is more extensive and causes even more inconvenience to motorists.

The Federal Highway Administration stresses the need for maintaining roads and bridges to enhance safety, provide mobility, promote economic development and ensure a usable transportation system for the future. Good roads are the route to everything from education and jobs to vacations, shopping and entertainment. For these reasons, we try to minimize interruptions to traffic flow as much as possible. Summer construction causes delays and inconvenience but it is vital to Georgia’s economic growth and to our quality of life.

So, when you see crews at work on Georgia’s many roads, remember, it is to preserve one of our most valuable assets.

Finally, please slow down and drive attentively and cautiously through construction zones. v

The Georgia Contractor

July | August 2011

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Hot Weather Concrete ~ an annual revisit Observations & Lessons from the School of Experience By ECS Corporate Services LLC.

I

n the concrete business, ‘hot weather’ creates situations that require special procedures for proper concrete mixing, placing, finishing, protection, and curing.

‘Hot weather’ includes high ambient air temperatures, high concrete temperature, low relative humidity, and/or high winds. Any one of these conditions can impair the quality of freshly-mixed or placed concrete. is “Lessons Learned” briefly discusses the affects of hot weather, and some construction practices to mitigate its impacts. e American Concrete Institute’s publication ACI 305R is an excellent reference for further information.

Effects of Hot Weather on Concrete e most pronounced effects of hot weather on concrete are an increased rate of setting and rapid water loss. Higher temperatures can cause a lower slump, and consequently a decrease in workability.

Plastic-shrinkage cracking of placed and finished concrete is frequently associated with hot, windy weather, and is most often the result of rapid evaporation of moisture from the concrete surface. Hot weather can affect both the early and ultimate strengths of concrete. Although initial strength may be accelerated, the 28-day strength of concrete cured at elevated temperatures may be lower than that of concrete cured at more moderate temperatures.

A decrease in slump as mentioned above can lead to the addition of water onsite for increased workability. Addition of water beyond the amount required by the approved mix design can increases the water-cement ratio which can result in decreased compressive strength and an increased likelihood of shrinkage cracking.

Hot Weather Concrete Construction Practices ere are several basic precautions that should be considered to reduce the damaging effects of hot weather on concrete: 30

• Use mix designs that are less susceptible to the effects of hot weather. e use of low-heat-of-hydration cement and certain admixtures (such as hydration retarding and/or water-reducing admixtures) are two common approaches.

• Keep concrete as cool as reasonable. ACI 305R does not state a maximum “asplaced” or “as-delivered” concrete temperature, but 90°F is commonly used.

In some instances, substituting chilled water or shaved or chipped ice for a portion of the required mix water is needed.

• Schedule large concrete pours in the early morning or evening when temperatures are cooler.

• Limit the amount of time between concrete loading at the plant and placement and finishing at the site.

• Limit addition of water at the job site, except to adjust slump upon arrival (when permitted by mix design).

• Avoid or limit the use of hydration accelerating admixtures.

• Use temporary wind screens and water misting nozzles to reduce surface moisture loss during placement.

Initial curing is critical for concrete quality.

Once the concrete has been delivered to the site, placed, and finished, efforts must continue to protect the concrete during curing. e most effective technique of curing is moist curing by continuously wetting the concrete surface, and it is the best method for developing the maximum potential for concrete strength and reduction of shrinkage

cracking. Curing compounds are also very popular. While curing compounds can be effective, they must be sprayed onto the concrete in sufficient quantity and evenly to retain moisture in the concrete. e manufacturer’s recommendations should be followed to obtain the desired results. Curing compounds are typically not used for indoor floors due to possible adhesion compatibility issues with finished flooring materials.

Special attention should also be paid to the laboratory-cured concrete test cylinders. ey should be stored on the job site for the initial curing period of approximately 24 hours at a temperature between 60°F and 80°F for normal strength concrete, and be covered to prevent loss of moisture. is typically requires a temperature-controlled concrete cylinder curing box that utilizes air conditioning, ice, or other means to maintain the cylinders at 60°F - 80°F. Detailed planning for hot weather concrete is essential. A special pre-placement meeting is highly recommended to clarify the requirements for hot weather concreting, to address the wide range of possible actions, and to define responsibilities.

The Georgia Contractor

July | August 2011

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