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ARTBA Federal Issues Program Just Weeks Away, Register Now

MAY 13, 2013

Senate Debate Continues on Ports & Waterways Bill

ARTBA members have one month left to register for the June 3-6 Federal Issues Program (FIP) and Transportation Construction Coalition (TCC) Fly-in held at the Hyatt Regency Washington on Capitol Hill. In addition to meeting with members of Congress, attendees will receive legislative and market updates from ARTBA’s top staff. New to this year’s FIP is a June 3 gala dinner hosted by the ARTBA Foundation to induct the 2012 and 2013 Hall of Fame classes, announce Continued on page 5

TransOvationLeader HillmanHonoredat WhiteHouse ARTBA member John Hillman, president & CEO, HC Bridge Company and 10 other individuals were honored May 7 at the White House as “Transportation Champions of Change” for their leadership in developing technology Continued on page 5

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The Senate will continue work this week on S. 601, “The Water Resources Development Act (WRDA) of 2013,” which would authorize federal spending on ports and waterways, dredging, levees and dams, and various other Army Corps of Engineer water transportation infrastructure projects. While Senate Environment and Public Works Committee Chair Barbara

Boxer (D-Calif.) and Ranking Republican David Vitter (R-La.) have both said they expect final passage of their legislation this week, progress on the bill has been bogged down by amendments. For example, some Democrats are fighting the measure’s environmental streamlining provisions for water projects while other senators are concerned about proposed budgetary changes to

the Harbor Maintenance Trust Fund. The Senate will hold a May 14 procedural vote that, if successful, would expedite action on the bill. The ARTBA co-chaired Transportation Construction Coalition urged all senators to support S. 601 in a May 2 letter. ARTBA also joined with the American Association of Continued on page 4

Register for ARTBA’s June 5 Annual Transportation Law & Construction Regulatory Forum. ARTBA Washington Newsline


$500 Prize in ARTBA Student Transportation Video Contest ARTBA’s annual Student Video Contest invites interested individuals to create an original, two-to-four minute video that explores the challenges facing one of the nation’s greatest capital assets – its transportation infrastructure. Past videos have addressed how transportation infrastructure is built and paid for, impacts of traffic congestion, new transportation technologies, and public perception of transportation development. Sponsored by ARTBA’s Research and Education Division (RED), there are two categories: elementary through high school, or college and graduate school. Winning entrants will receive a $500 cash prize and have their videos screened during ARTBA’s September 8-10 National Convention in Milwaukee. Deadline for submissions is August 15. Entries will be judged by ARTBA’s top volunteer leaders. Contact ARTBA’s Lital Shair for more information.

Watch this one-minute video to learn more about ARTBA’s Student Video Contest.

Upcoming Events

2013

Visit our Events Page for more information. Project Management Academy May 29-31 Snowbird, Utah. [Add to Calendar]

Federal Issues Program & TCC Fly-In June 3-5 Washington, D.C. [Add to Calendar]

Young Executive Development Program June 3-6 Washington, D.C. [Add to Calendar]

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ART BA Washington Newsline

5th Annual Transportation Construction Law & Regulatory Forum

Dr. J. Don Brock TransOvationTM Workshop & Awards Program

25th Annual ARTBA P3 Conference

Local Transportation Management Virtual Conference & Innovation Showcase (LoTransTM 2013)

June 5 Washington, D.C. [Add to Calendar]

July 24-26 Washington, D.C. [Add to Calendar]

ARTBA National Convention September 8-10 Milwaukee, Wis. [Add to Calendar]

October 28-30 San Jose, Calif. [Add to Calendar]

November 19-20 [Add to Calendar]

Regional Meetings

Western: December 2-3, Austin, Texas Central: December 4-5, St. Louis, Mo. Southern: December 9-10, Charlotte, N.C. Northeastern: December 11-12, Baltimore, Md.


Bridge Council Call to Focus on Accelerated Construction ARTBA’s Bridge Policy and Promotion Council (BPPC) will hold a conference call Thursday, May 16, 11 a.m., EST, to discuss the latest tools used in bridge construction. Tim Cupples, bridge & tunnel construction management team, Federal Highway Administration, will provide an update on national activities related to technologies used in Accelerated Bridge Construction.

ARTBA’s Chief Economist Dr. Alison Premo Black will also give the group a bridge market update and forecast. The call is open to any ARTBA member. Download the calendar invite or contact ARTBA’s Allison Klein to participate.

Watch this one-minute video to learn why you should subscribe to ARTBA’s Bridge Data Pro.

Don’t Miss the 5th Annual ARTBA Construction Law & Regulatory Forum

Products & Services

The 5th annual ARTBA Transportation Construction and Regulatory Forum, scheduled for June 5, is being held in conjunction with the ARTBA Federal Issues Program, allowing members to maximize their trip to Washington, D.C. Federal Highway Administration Chief Counsel Fred Wagner will deliver the keynote address. Wagner will discuss top issues for the administration, including MAP-21 implementation and project delivery reforms. Other panel sessions will focus on environmental compliance, alternative dispute resolution, DBE compliance, and more.

This is your best deal! Purchase ARTBA’s best-selling training videos as a three-pack and save $75. These videos provide: “common sense” tips for avoiding runovers and backovers, instruction on the proper use of PPE, and the fundamentals for becoming a better and more commanding flagger. To purchase: www.artbastore.org

Speakers include: • William Penny, member, Stites & Harbison; • Neal Sweeney, partner, Kilpatrick Townsend; • Mike Branca, partner, Peckar & Abramson; • Lorraine D’Angelo, senior vice president, Ethics and Compliance, Dragados; • Chris Anzidei, Law Offices of Christopher Anzidei, PLLC; • Matt DeVries, attorney, Stites & Harbison; • Jamie Auslander, principal, Beveridge & Diamond; • Parker Moore, principal, Beveridge & Diamond; and • Chris Brasco, partner, Watt, Tieder, Hoffar & Fitzgerald. Participants will also have the opportunity to attend a networking reception with ARTBA past chairmen and the ARTBA Foundation’s Young Executive Development Program fellows. Registration is $395 for past attendees, ARTBA committee members, and those who register separately for the ARTBA Federal Issues Program; $595 for ARTBA members; and $750 for non-members. Register today, or contact ARTBA’s Sara Jones for more information. ARTBA Washington Newsline

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Overheard “In all this time, the president has fought unsuccessfully to combine deficit reduction, including spending cuts and tax increases, with spending increases and targeted tax cuts for jobcreation initiatives in areas like infrastructure, manufacturing, research and education. That is a formula closer to what the economists propose. But Republicans have insisted on spending cuts alone and smaller government as the key to economic growth.” May 9 “New York Times” story, “Economists See Deficit Emphasis as Impeding Recovery,” by Jackie Calmes and Jonathan Weisman. “All of America’s transportation modes and infrastructure services were initially developed and operated by the private sector. Over the past centuries, they were brought into the public sector by financial crises— some that the government arguably helped create by interfering in the market. Now that the government’s political crises are becoming ever more disruptive, it may be time to return the transportation system back to where it started.” May 8 “Wall Street Journal” oped, “How to Avoid Another FAA Fiasco: The U.S. should consider following the lead of Canada and England by privatizing transportation services,” by the Brookings Institution’s Clifford Winston. 4

ART BA Washington Newsline

Legislative & Regulatory News Senate WRDA Debate Continued from page 1

Port Authorities, with whom we entered into a strategic partnership last year, in a May 6 letter supporting passage of this critical legislation. ARTBA will continue to push for passage of S. 601 and keep you apprised of ongoing developments.

ARTBA Supports Efforts to Manage Environmental ReviewProcess ARTBA urged the Federal Highway Administration (FHWA) May 8 to approve a state of California request to take advantage of a “Moving Ahead for Progress in the 21stCentury Act” (MAP21) provision granting all states the ability to assume responsibility for categorical exclusions (CE) as part of the environmental review and approval process. In general, using CEs can reduce project approval times by years and even up to a decade compared to Environmental Impact Statements and National Environmental Policy Act reviews. Having states administer the CEs themselves will further increase efficiency by lessening the burdens on federal agencies. It remains to be seen how many other states will attempt to utilize this new authority. ARTBA’s letter can be found on the “Regulatory” section of the website.

Industry News Road Deaths Spike 5.3 Percent Traffic deaths rose 5.3 percent in 2012 to an estimated 34,080 fatalities, up from 32,367 in 2011, according to preliminary

data from the National Highway Traffic Safety Administration. The data also shows the ratio of deaths rose from 1.10 deaths per 100 million vehicle miles travelled (VMT) in 2011 to 1.15 fatalities per 100 million VMT in 2012. The data represents the first year-to-year increase in overall fatalities and the fatality rate since 2005. This trend emphasizes the need to strategically invest in surface transportation improvements that enhance safety for all system users, including increased use of traffic control devices, greater work zone safety awareness, engineering and construction solutions, and programs that deter unsafe behaviors—such as speeding, and distracted and impaired driving. For more information on how you can make a difference in your community, visit www. workzonesafety.org.

Freight Shipments Approach All-Time High The for-hire transportation industry carried 0.3 percent more freight in March than February—the fifth consecutive monthly

increase—according to the latest Transportation Services Index data (LINK) from the U.S. Department of Transportation’s Bureau of Transportation Statistics. The March 2013 data shows freight shipments from all transportation modes are only 1.3 percent below the all-time high level recorded in December 2011, and are 20 percent above the all-time low recorded in April 2009. The continued increase in freight shipments demonstrates the link between continued economic recovery and increased strain on the nation’s already congested transportation infrastructure network.

Report Finds Recovery Act Oversight Adequate The U.S. DOT Office of Inspector General (OIG) released a report May 7 that found FHWA oversight of the “American Recovery and Reinvestment Act of 2009” (ARRA) was mostly adequate, but could have benefitted from a more uniform oversight process

Multimodal News

Fostering Innovation

A service of ARTBA’s multimodal councils, it features current transportation developments making news across all modes and regions. Contact Sara Jones to become a subscriber or visit www.artbamultimodal.org.

TRB Newsletter: May 7

Highlighting new research, technologies, industry best practices and information resources available to the transportation design and construction industry.


across the various local FHWA division offices. The report analyzed a miniscule sample size of 15 projects out of the approximately 12,000 utilizing ARRA highway funds. Out of the sample size’s 141 progress payments to contractors, OIG found states’ files were missing sufficient supporting documentation for 28 payments. Further, OIG found FHWA did not conduct proper oversight of compliance with other federal laws, such as the Disadvantaged Business Enterprise program or DavisBacon. Importantly though, the report did not find that private sector firms executing the work had violated these laws and directed its recommendations towards the state and federal oversight itself. The report also noted MAP-21 continues many of these oversight requirements and that state and federal agencies would benefit from increased oversight uniformity.

ARTBA News John Hillman Honored Continued from page 1

solutions that enhance performance, reduce congestion and improve safety across the transportation industry. An engineer for over 27 years, Hillman holds four U.S. patents for his landmark bridge technology. His most noteworthy achievement is the invention of the HybridComposite Beam (HCB®). It consists of a tied arch of concrete and steel contained in a composite shell that optimizes the structural performance of each material, resulting in an economical structural beam for

railroads, highways and marine structures that offers a service life of more than 100 years. Other noteworthy achievements include managing construction of a 1,263-foot incrementally launched bridge in Puerto Rico and the design and management of the awardwinning 35th Street pedestrian bridge over Lake Shore Drive in Chicago. Hillman serves as a leader and instructor for ARTBA’s annual TransOvation Workshop, which inspires young design and construction executives to work creatively in the pursuit of building America’s transportation network. “I became a civil engineer because I love building things. I gravitated towards bridges because literally and figuratively I get to help people stay connected. I never dreamed that I would get this type of recognition just for doing what I enjoy. I am both honored and humbled to be included in the distinguished company of the other White House Champions of Change,” Hillman said.

ARTBA FIP & TCC Fly-in Continued from page 1

the winners of the 2013 Globe (environmental) and PRIDE (community and public relations) Awards, and present the 2012 “ARTBA Award”—the association’s highest honor. The host conference hotel Hyatt Regency Washington is now sold out. If you have not yet booked a room, ARTBA has provided a list of back-up hotels near Hyatt Regency. Register today, or contact ARTBA’s Ed Tarrant for sponsorship information.

ARTBA Chairman Steve Wright (right) presents a plaque to Mississippi Road Builders Association (MRBA) President Hollis Cheek commemorating 75 years of affiliation between the two groups. Wright attended MRBA's annual convention in Asheville, N.C.

May 22 Webinar to Provide Answers on Surety Bond Requirements While most construction projects have a surety bond requirement, the surety’s vital role is often misunderstood. ARTBAis providing its contractor members with answers to frequently asked questions on surety bonds in a May 22 webinar. The 60-minute webinar will be led by Chrisopher Anzidei, an experienced construction lawyer, specializing in resolution of complex construction, surety, and contract disputes. Anzidei is a suretyship instructor for bar review courses in Virginia and North Carolina and teaches legal writing courses as an adjunct professor at his alma mater, Georgetown University Law Center. By the end of this webinar participants will know: the purpose of surety bonding, how a surety bond differs from insurance, if the bond form matters, the rights and remedies of the principal, obligee, and surety, and defenses available to sureties. Registration is $99 for ARTBA members and $150 for nonmembers. Contact ARTBA’s Brie Johnson with any questions.

Register for ARTBA’s June 5 Annual Transportation Law & Construction Regulatory Forum. ARTBA Washington Newsline

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