CONCRETE PAVEMENT PROGRESS Quarter 1 | 2022 Changing How Pavement Design Decisions AreMade
CONCRETE PAVEMENT PROGRESS Concrete Pavement Progress is the official magazine of the American Concrete Pavement Association (ACPA). ACPA is the national trade association for the concrete pavement industry. The primary mission of the ACPA is to lead the promotion of concrete pavement, and align its members, chapter affiliates, and technology partners for effective concrete pavement promotion, advocacy, and technical support on behalf of the concrete pavement industry. Founded in 1963, ACPA is the world’s largest trade association that exclusively represents the interests of those involved with the design, construction, and preservation of concrete pavements. AMERICAN CONCRETE PAVEMENT ASSOCIATION 9450 BRYN MAWR AVE., STE. 150 ROSEMONT, IL 60018 phone: 847-966-2272 fax: 847-966-9970 WWW.ACPA.ORG Copyright © 2022 by the American Concrete Pavement Association, Rosemont, Il linois. The contents of this publication may not be reproduced or distributed electronical ly or mechanically, either in whole or in part, without the express written consent of the American Concrete Pavement Association. Quarter 1 | 2022 T A B L E O F 21 The Uni form Commercial Code and You By Thomas R. Olson & Rielly J. Lund 24 ACPA NEWS — Louisiana Chapter Announces New Executive Director — CPAM Returns to Affiliated Status — IIJA Concrete Pavement Provisions and the Bipartisan Infrastructure Law Guidebook 04 ACPA Paving the Way in 2022 By Ed Griffith 06 Pope Army Air field Runway Reconstructed in 120 Days By Sheryl S. Jackson 12 Infrastructure Funding Creates New Oppor tunities for Industry By Sheryl S. Jackson 17 Changing How Pavement Design Decisions Are Made By Sheryl S. Jackson ACPA STAFF Laura O’Neill Kaumo President & CEO Amber Davis Administrative and Events Coordinator Eric Ferrebee, PE Director – Technical & Chapter Service Dominic Gatti Communications and Government Affairs Manager Andy Gieraltowski Chief Operating Officer Valerie Kliment Assistant Accountant Gary Mitchell, PE Chief Engineer Scott Mueller Vice President – Marketing Chrissy Mysko Marketing Communications Coordinator Larry Scofield, PE Director – Pavement Innovation (shared w/IGGA) Ann Shlimon Comptroller & Benefits Manager Gerald Voigt, PE Consulting Past President Leif Wathne, PE Executive Vice President EDITORIAL Sheryl S. Jackson For ACPA 2022 BOARD OF DIRECTORS Ed Griffith, Chairman St. Marys Cement Company Steve Friess, 1st Vice Chair Milestone Contractors, LP Ernie Peterson, 2nd Vice Chair Ash Grove Cement Company David Howard, Past Chairman Koss Construction Dan Rozycki, Treasurer & LISC Co-Chair The Transtec Group, Inc. Kevin McMullen, C/S Committee Chair Wisconsin Concrete Pavement Association Steve Ambrose GCC America Patrick Cleary Lafarge North America Toby Knott Lehigh-Hanson, Inc. Bob Leonard GOMACO Corp. James Mack CEMEX Don Metcalf Webber, LLC Jason Reaves, C/S Committee Vice Chair ACPA – South Dakota Chapter Nathan Reede Reede Construction, Inc. Jeff Repenning Superior Construction Co. John Roberts, Ex Officio IGGA Dave Sciullo Golden Triangle Construction Co., Inc. Rick Sniegowski K-Five Construction Don Weaver Weaver-Bailey Contractors, Inc. Ed Wessel Hi-Way Paving ADVERTISING & DESIGN LLM Publications 503-445-2220 800-647-1511 www.llmpubs.com President Stephen Bloss Design & Layout Spencer Seastrom Sales Representative Grandt Mansfield [email protected]
Concrete Pavement Progress www.acpa.org 4 G U E S T E D I T O R I A L AS THE 2022 CHAIRMAN OF THE BOARD OF DIRECTORS OF THE AMERICAN CONCRETE PAVEMENT ASSOCIATION (ACPA), I am honored to help lead this organization as we sit on the precipice of unparalleled opportunity. I have served on ACPA’s Board since 2016 and have been part of the concrete pavement community for over 15 years, and I can’t remember a time where there was so much excitement about the prospect for growth. As I look at the road ahead, I am energized by the landscape in front of us. Last year’s passage of the Infrastructure Investment and Jobs Act (IIJA) and its ongoing implementation will bring historic levels of funding into the concrete pavement industry. These additional financial resources will help DOTs make materials choices and build out infrastructure systems that will meet reliability, resiliency, and sustainability goals—goals that concrete pavement will not only meet, but inmany cases exceed. And while the year ahead is not without cause for concern—supply chain issues, a challenging labor market, and even pavement selection bias—I am confident ACPAmembers are well-positioned to ensure that our industry can take full advantage of the projects and the dollars that are working their way through the system. Our industry has proven time and time again that we can deliver long-lasting pavements across our numerous applications. The IIJA should give us a chance to expand our markets and retire some of the outdated narratives about concrete paving. To strengthen our industry and our federation, ACPA is engaging in a multipronged approach that will serve everyone from our largest chapters to our smallest members. Beginning with fortifying our state/chapter affiliates, who take the lead in promoting concrete pavement in their local markets, ACPA will ensure everyone engaged in promotional efforts have the tools and resources to effectively demonstrate the value of concrete pavement. By advancing new markets and technologies, ACPA will continue to identify new areas for growth. And by continually improving the quality of concrete pavement and integrating innovations, ACPA will continue to redefine the conventional wisdom surrounding our product. Lastly, ACPA will fight for a seat at the table where pertinent decisions are being made. From conversations in halls of power in Washington D.C. to fair treatment of concrete pavement in county engineers’ offices nationwide, ACPA will work to have the interests of our industry favorably represented wherever decisions are made. The year 2022 will be transformative for our industry. While there will certainly be unforeseen challenges, we are in a great position to make the best of every opportunity we encounter. To meet the high expectations I’ve heard from members and Chapter/State Executives across the country, every member and staff will need to be ready to work day in and day out to promote our shared goals and interests. The energy and enthusiasm I’ve already seen as Chairman gives me every reason to believe that together we will achieve our goals. Ed Griffith Chairman, ACPA Board of Directors Vice President of Sales and Marketing, St. Marys Cement ACPA Paving the Way in 2022 Ed Griffith, Chairman ACPA Board of Directors
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www.acpa.org Quarter 1, 2022 7 RUNWAY CONSTRUCTION AT ANY AIRPORT COMES WITH A SET OF CHALLENGES not commonly found on other construction projects. Because runway reconstructionmeans shutting down part of or all of an airport, strict schedules are set. And because of security concerns, entry into some areas require strict protocols that may include access and background checks for workers. When the runway serves a busy military installation, the need to limit closure time and ensure security is heightened. The runway at Pope Army Airfield (AAF) was originally built in 1942 and has undergone many repairs and improvements over the years, said Marcia Meekins, U.S. Army Corps of Engineers (USACE) Fort Bragg Area Engineer. “The airfield supports Fort Bragg, which results in a high volume of military air traffic.” The $81 million project included a 9,500-footlong runway and nine taxiways, along with a lighting system upgrade, constructed between June 15 and October 13, 2021. The runway replaced was a composite of 60% asphalt and 40% concrete due to an asphalt overlay that was placed 15 years ago. The last milling and overlay occurred in 2010 and required a 90-day full closure, and the runway was scheduled for another milling and overlay in the next two to five years, said Jim Blevins, Pope AAF Airfield Manager. Opting to add 30 extra days to closure time and choose a full-depth concrete reconstruction provided a number of benefits to the airfield in addition to a new runway with a lifespan of 50 years. “We were able to upgrade the lighting system, which was as old as the original concrete runway, and concrete won’t require the same level of maintenance.” The new runway is entirely concrete. The first 2,000 ft. at each end of the runway is 17 in. concrete pavement, and the center section is 15 in. concrete pavement. Under the pavement, there is a six-inch stabilized drainage layer on top of a geotextile separation fabric and a 12 in. cement-treated subgrade. Pope Army Air field Runway Reconstructed in 120 Days Collaborative partnership and on-site storage ensure success By Sheryl S. Jackson continues on page 8 »
Concrete Pavement Progress www.acpa.org 8 P O P E A R M Y A I R F I E L D R U N W A Y Because all aviation units had tomove operations to other regional airports during the construction period, there was no leeway in the 120-day timeframe. Coordination of these moves, as well as construction permitting processes and security clearance activities for construction and supply delivery personnel, were handledwhile amajority of people were still working from home due to pandemic restrictions, said Meekins. “The Army provided a dedicated access point specifically for this project which made it easier to maintain security andmake sure every truck driver or other personnel were properly badged,” said Randy Scott, P.E., Director of Pre-Construction for R.C. Construction Company. The 120-day limit on the runway closure did not allow for any delays in materials deliveries, so joint venture partners R.C. Construction and Millstone Weber used the six months prior to construction to procure and receive materials. “We did require extra onsite storage, but by preblending the aggregate, we were able to eliminate a fourth stockpile, which saved space,” said Scott. “We stockpiled 95% of the aggregate needed for the project before we began paving to take advantage of the trucks that were not in use during the pandemic, which not only saved on trucking costs for materials delivery but also meant that POPE ARMY AIRFIELD RUNWAY » continued from page 7 continues on page 10 »
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Concrete Pavement Progress www.acpa.org 10 » continued from page 8 we had those trucks available for other uses during construction,” saidMatt Alwardt, Paving Operations Manager for Millstone Weber. “We preblended the coarse aggregate stockpiles for concrete manufacture and utilized a vertical smart stacker to maintain the quality of the blended product.” One innovation that helped keep the project on schedule was provided by Andale Construction. Plans called for a cement-stabilized subgrade, but rather than use traditional soil-stabilizing methods, a superslurry cement was injected into the soil. “Benefits of this process include safety for workers and the environment because it is 100% dustless, and it is a minimum of 200% faster at getting cement in the ground because we hydrate 100% of the cement,” said Matt Munsick, Vice President of Andale Construction. “We can incorporate other products for stabilization such as lime and fly ash, and we are more accurate in the distribution of cement and water in the process.” Two batch plants on site, along with careful sequencing of work, allowed contractors to pave with no delays. Crews worked from the south end of the runway to the north with demolition, grading, and paving occurring simultaneously, said Luke Beach, Project Manager for R.C. Construction. This made the use of the superslurry injection technology even more critical because there was no dust that created safety hazards for the other crews on the job site, he added. A number of factors contributed to the project’s completion under budget and on time, said Jay Warren, Director of Construction for R.C. Construction. Stockpiling and preblending aggregate, two batch plants, carefully sequenced demolition, grading, and paving operations, and injection of superslurry to stabilize the subgrade all were important, but the six months of pre-construction planning and preparation was essential, he said. “It was a great partnership of contractors, U.S. Army, and airfield representatives, with everyone working together toward one goal.” “Benefits of this [superslurry] process include safety for workers and the environment because it is 100% dustless, and it is a minimum of 200% faster at getting cement in the ground because we hydrate 100% of the cement.” P O P E A R M Y A I R F I E L D R U N W A Y
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Concrete Pavement Progress www.acpa.org 12 Infrastructure Funding Creates New Oppor tunities for Industry Contractors should plan ahead to overcome labor, equipment, and supply challenges By Sheryl S. Jackson THE SIGNING OF THE INFRASTRUCTURE INVESTMENT AND JOBS ACT in November 2021 represents a significant opportunity for the pavement construction industry. The $1.2 trillion bill contains an estimated $550 billion in new spending above baseline levels. This spending touches a broad swath of physical infrastructure, from transportation elements like highways, bridges, and public transit to fundamental systems like water, energy, and broadband. “This level of investment in infrastructure, especially highway infrastructure, has been a long time coming,” said Patrick Cleary, Senior Vice President of Cement Sales for LafargeHolcim. “State agencies that have had the pressure of funding expiring every year now have longer-term funding that can be used to implement strategic improvement plans.” “It is exciting to see the money that will go to individual states for transportation projects,” said Bob Leonard, Sales Manager for United States andCanada of GOMACO. “We don’t know exactly how the funds will be distributed and when, but the amounts designated for each state have been outlined.” [See How Much Will Your State Receive?, p. 13 for sources of information on dollar amounts.] “For Arkansas, the IIJAmeans a 30% increase in funding for transportation projects, and voters in our state approved continuing a half-cent I N F R A S T R U C T U R E I N V E S T M E N T A N D J O B S A C T Photo By Jonathan Ernst / Reuters – stock.adobe.com
www.acpa.org Quarter 1, 2022 13 I N F R A S T R U C T U R E I N V E S T M E N T A N D J O B S A C T sales tax for road projects, so we are expecting a significant increase in work,” said DonWeaver, Vice President of Weaver-Bailey Contractors. “While projects that add new capacity are being discouraged, there are times that an additional lane improves traffic flow, which reduces pollution and improves safety, especially in urban areas or roads with heavy truck traffic.” Concrete is positioned well for the construction that agencies will plan with IIJA funding as well as other discretionary funding programs over the next several years, said Greg Dean, Executive Director of the ACPA-SE Chapter. “Building for resilience is important to agencies as the need for our infrastructure to withstand weather events increases,” he said. “We have a strong story to tell about the benefits of concrete as we discuss pavement design options with our agency partners.” Communicating the benefits of concrete pavement with designers, engineers, consultants, and others involved in state and local agency pavement projects is one step members of the industry should be doing now, said Dean. “We don’t want these funds used to build projects that will need perpetual maintenance, because the public is expecting to see value from these investments,” he said. “Designing for resilience and long life now will create not only sustainable transportation infrastructure but also earn public trust.” When talking with local agency representatives, share information learned with ACPA local chapter representatives, he suggested. “We want to be able to support members as they and local agencies look for the best approach to long-lasting infrastructure.” While requests for bids related to IIJA funds will not showup immediately as agencies review their strategic plans and gain approval from FHWA, projects supported with other funding will begin in the second half of 2022. “I expect to see bids associated with increased funding begin appearing in third quarter 2022,” said Cleary. “Then, we should see a tangible increase in volume in 2023 through 2025.” Extra Volume May Exacerbate Current Challenges As pavement contractors plan for the expected influx of work, there will be some challenges that are not new but will be more pronounced. “Once the projects related to IIJA funding are let, which will be on top of previously planned projects for bid, contractors may find their schedules filled,” said Leonard. The biggest question contractors will be asking is, “Can I find the labor?” he added. “Everyone I talk with comments on how hard it is to find skilled labor,” saidWeaver. While it is not a new problem for the industry, the combination of an aging workforce, a number of people who left the industry during the pandemic years, and a need formore employees over the next few years have made the issue more important than ever. An Arkansas initiative, Be Pro Be Proud, led by the Associated Industries of Arkansas is spearheading themovement to bring a new generation of pride, progress, and professionalism to Arkansas’ skilled workforce. “Be Pro Be Proud is an example of howwe can go into the community to teach young people, high school counselors, job How Much Will Your State Receive? Information on the level of funding from the Infrastructure Investment and Jobs Act for each state can be found at the following: “We don’t want these funds used to build projects that will need perpetual maintenance, because the public is expecting to see value from these investments. Designing for resilience and long life now will create not only sustainable transportation infrastructure but also earn public trust.” continues on page 14 » The American Society of Civil Engineers provides an overview of all funding categories by state at: The American Concrete Pavement Association created a concrete pavement-specific guide to major programs relevant to the industry at: The American Road & Transportation Builders Association breaks down IIJA funding by state and type at: Construction Equipment Guide provides a quick overview for each state at:
Concrete Pavement Progress www.acpa.org 14 I N F R A S T R U C T U R E I N V E S T M E N T A N D J O B S A C T seekers, and others how skilled trades careers are important and are a good choice for many people,” saidWeaver. “We are also dealing with some unknowns with materials,” saidWeaver. He described a situation for which his company needed 300 feet of pipe for a project but could only find 120 feet in his state. “As contractors begin jobs that require a significant supply of material, they may want to work with state or local agencies to build time into the schedule as well as space on the job site, to procure and store critical material before the job begins.” Equipment is also another area that contractors must plan ahead. “Equipment manufacturers are doing their best to compensate for shortages,” says Leonard. “Steel has not been a problem, so fabrication has continued, but other components that we rely on are not always available on a steady basis. GOMACO has never been a just-intime manufacturer which has helped us when lead times for components get extended beyond normal.” “You can expect to wait six or seven months for some new pieces of equipment,” saidWeaver. “The good news is that we know there will be more work over the next five years, which allows us to plan more, recruit employees who know they’ll be working steadily, and order equipment ahead of time.” Throughout 2022, bidding will be more important than ever, saidWeaver. “Contractors should not be overly optimistic about their ability to get people, equipment, and materials for a job, and they should plan for contingencies,” he said. “As an industry, we’re comfortable with the bidding process, but we also need to be realistic about challenges we face this year.” Innovative Program Tackles Industry Labor Woes Be Pro Be Proud is an initiative led by the Associated Industries of Arkansas to inform young people, school personnel, and job seekers about the opportunities and benefits of a career in the skilled trades. The initiative’s centerpiece is the Workforce Workshop, a mobile unit that provides hands-on experience with skilled professions while showing the jobs to a live audience. The workshop is a specially designed bus filled with interactive simulations that include a plumbing wall where the students connect pipes together to join four points, a commercial truck driving simulator, a welding simulator, a healthcare station where students can view 3D replicas of each system in the body, a hand-eye coordination game, a robot rover to maneuver around cones, and virtual reality goggles that replicates being in the back of a bucket lift restoring power to a community. The mobile unit visits schools, special events, job fairs, and other locations. Be Pro Be Proud initiatives are also found in other states, including Georgia and South Carolina. For more information, visit www.beprobeproud.org. » continued from page 13
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www.acpa.org Quarter 1, 2022 17 THE INFLUX OF FUNDING FROM THE INFRASTRUCTURE INVESTMENT AND JOBS ACT (IIJA) provides a predictable source and amount of funding over the next five years, enabling state agencies to better plan projects needed in their communities. At the same time, the need for resilient, sustainable pavements that are environmentally sound as well as fiscally prudent impacts planning decisions. Life cycle cost analysis and life cycle assessment methodologies allow engineers, designers, and policymakers to account for economic and environmental costs over the lifetime of a project. Innovative technologies and improvements in the manufacture of cement positions the concrete pavement industry to fit the sustainability, resiliency, and fiscal requirements that will be demanded of pavements in the future. While state and local agencies may consider environmental impacts, they have not always topped the list of factors evaluated, said Leif Wathne, P.E., ACPA’s Executive Vice President. “Cost is usually the primary factor becausemost agencies have decision frameworks driven by cost.” Other factors affecting design decisions include type and volume of traffic, familiarity with pavement material, environmental conditions, type of P A V E M E N T S U S T A I N A B I L I T Y continues on page 18 » Changing How Pavement Design Decisions Are Made Resilience and Sustainability Take Spotlight as Need for Long-Lasting Pavements Increases By Sheryl S. Jackson
Concrete Pavement Progress www.acpa.org 18 P A V E M E N T S U S T A I N A B I L I T Y » continued from page 17 pavement already in place, and material availability in the specific area. “As more emphasis is put on resiliency and environmental effects, life cycle thinking becomes more important as it accounts for the true cost of pavement assets over time, not just upfront costs.” Environmental impact is not a new consideration for the concrete pavement industry, pointed out Wathne. “We’ve been focused on ways to reduce our environmental impact for decades, embracing the use of supplementary cementitious materials such as fly ash and slag cement, increasing recycled materials content such as recycled concrete aggregates, and reducing cement intensity by optimizing aggregate gradations,” he said. “Notably, when the 2008 recession hit, sustainable practices become less of a focus for agencies as shrinking DOT budgets moved the focus to first cost.” Concrete pavement has a number of environmental benefits that engineers, owners, and policy makers should understand, said Wathne. Not only does concrete pavement’s long life with lower maintenance requirements provide significant cost-savings and decreased use of materials and energy throughout its life, but it also provides a number of other sustainability benefits during the pavement’s “use phase.” “Because of its rigidity, concrete pavement deflects less under vehicle loading, which results in reduced vehicle fuel consumption. Concrete pavement also retains its smoothness for longer, allowing for additional vehicle fuel-saving, said Wathne. “Concrete pavements’ lighter color helps mitigate urban heat island, a strategy known as cool pavement, and can help offset global warming through a process called negative radiative forcing. Concrete also absorbs carbon dioxide throughout its life, which offsets some of the pavement’s embodied emissions.” According to the Portland Cement Association’s Roadmap to Carbon Neutrality, for all the concrete produced in theU.S. between 1990 and 2018, more than 300 million metric tons of CO2 will be absorbed and sequestered by concrete over its service life.1 In addition to environmental impact/sustainability, resiliency is becoming increasingly important to highway agencies, said Wathne. “Our conventional pavement design approach essentially assumes that the various soil and base layers immediately under the pavement will remain at or near optimum moisture forever—relying on crowns, ditches, and other drainage structures to direct and keep water away from the pavement structure. This may have been a fair engineering assumption in the past when the vast majority of flood maps were originally developed, but we know this is no longer consistent with good engineering practice,” he said. “The conditions that our pavements need to perform under in many cases has changed substantially, and we now see significant flooding of our roadway networks not only along our coastlines—for example, Carolinas, Florida, Texas, and Louisiana—but also along our major rivers like the Missouri and the Mississippi.” Pavement designers did not originally contemplate complete submergence or inundation, said Wathne. “Fundamentally, making pavements resilient to inundation involves stiffening the pavement system and/or making the layers less susceptible tomoisture-related strength loss,” he said. “Concrete overlays provide an excellent way to ‘harden’ our roadways and make them more resilient to such flooding.” He added, “To keep doing what we’re doing is simply not consistent with good engineering practice.” FHWA Promotes Data-Driven Decisions “One way to encourage sustainability and resilience in pavements is quantification and data-driven decision-making,” said Migdalia Carrion, acting Sustainable Pavements Program (SPP) Manager for the Federal Highway Administration. “Whether the focus is on greenhouse gas reductions or improving any other aspect of pavement performance, we cannot improve upon what we don’t measure and report. From the lifecycle perspective, the construction quality and long-term material performance are critical to achieving desired pavement performance at a reasonable lifecycle cost and with the lowest environmental emissions.” The SPP is working with industry to identify sustainability and resilience practices, refine the data sources needed to conduct LCA and develop EPDs (for public procurement), and develop and implement specifications to quantify the GHG emissions, says Carrion. “We are focused on educating our pavement engineers on resilience and encouraging agencies to consider resilience during the planning, design, and construction of pavements.” SPP offers tools and practices to help the reporting and collection of environmental data, as well as the standardization and alignment on how different types of analyses are conducted. Carrion recommended that contractors and industry stakeholders “engage with the FHWA SPP Staff, use our products and guidelines, and provide feedback on what works best for you.” To access tools and resources provided by FHWA, go to: www.fhwa.dot.gov/pavement/sustainability 79%
www.acpa.org Quarter 1, 2022 19 FHWA Enthusiasm for Environmental Considerations “Infrastructure decisions need to consider multiple factors, such as economics, safety, project timeline, material availability, social, and environmental impacts,” said Migdalia Carrion, acting Sustainable Pavements Program (SPP) Manager for the Federal Highway Administration. “While there are significant research needs, there are also many well-known strategies that are readily implementable.” Carrion pointed to tools such as Environmental Product Declarations (EPDs) that can be used to benchmark the GHG emissions of infrastructure using life cycle assessment methods, identify opportunities for using recycled materials, and select designs that reduce the environmental impact without reducing the performance of a pavement system. “Lessons from resilience research, especially those pertaining to the changes in a pavement’s long-term performance after it has been inundated, are already informing ways in which a base is treated,” she added. “Sustainability and resilience are key components of the Infrastructure Investment and Jobs Act (IIJA) and the current Administration,” said Carrion. “Additionally, states have shown increased interest in including these topics in the decision-making process in the past years.” Some specific examples of sustainability strategies include: • State and local legislative actions such as Buy Clean laws in California and Colorado, with similar legislation being considered in several other states. • Net-zero pledges made by the Port Authority of New York and New Jersey. • Development of tools such as eLCAp in California. • Programs like the Sustainable Pavements Program in Arizona Department of Transportation. “In the domain of resilience, there have been many notable efforts to prepare, respond, and recover infrastructure assets from extreme weather events,” said Carrion. “State DOTs are also required to integrate the risk of climate change and extremeweather events into their life cycle planning and Transportation Asset Management Plans.” Many opportunities exist for the agencies to obtain additional funding and grants to support the initiatives related to sustainability and resilience, said Carrion. The IIJA defines several possible venues, including Innovative Project Delivery, National Highway Performance Program, and the Rural Grant Program. “Additionally, our pooled fund enables financial and technical assistance for agencies interested in integrating sustainability and resilience into their decision-making processes, and we are developing guidance.” “We can’t afford business as usual moving forward,” saidWathne. “Long-life pavements that are sustainable and resilient are important.” He added, “We have to embrace a new way of thinking, embracing long life, sustainable, and resilient solutions given the once-in-a-generation investment we are making as a nation into our transportation infrastructure.” Traveling the Road to Carbon Neutrality Industry efforts to reach carbon neutrality include a number of tactics that move the industry to a goal of carbon neutrality in 2050. These include: » Alternative cements: 20% fly ash replacement of cement and Portland-Limestone Cement produce greener products. » Reuse: Recycled concrete aggregates can be used in new concrete with finer material and incorporated into the aggregate base. » Reduced cementitious content: Paving with optimized aggregate gradations allows for a reduction in cement content and improves durability and smoothness. » Operational energy: Cement plants can operate with alternative and renewable energy sources to reduce GHG impacts. » Design optimization: Eliminate excessive overdesign to reduce concrete consumption. » Carbon uptake: Concrete absorbs carbon dioxide through the carbonation process. In a paper published in the Proceedings of the National Academy of Sciences, researchers found that, if reduction strategies were implemented, the emissions associated with pavements and buildings between 2016 and 2050 could fall by up to 65% and 57%, respectively, even if concrete use accelerated over that period. These are close to U.S. reduction targets set as part of the Paris Climate Accords. The solutions considered would also enable concrete production for both sectors to attain carbon neutrality by 2050. Reference: American Concrete Pavement Association. Making the Grade on Infrastructure Sustainability. According to the Portland Cement Association’s Roadmap to Carbon Neutrality, for all the concrete produced in the U.S. between 1990 and 2018, more than 300 million metric tons of CO2 will be absorbed and sequestered by concrete over its service life.1 References: 1. Roadmap to Carbon Neutrality. Portland Cement Association. 2021. www.shapedbyconcrete.com.
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www.acpa.org Quarter 1, 2022 21 C O N S T R U C T I O N L A W continues on page 22 » ONE OF THE ISSUES THAT WE FREQUENTLY RUN into with our contractor clients is the lack of supply agreements. While getting subcontracts out for the companies performing the work is always a top priority, material supply agreements seem to fall through the cracks. Often times, our clients have simply signed the quote provided by the supplier. So, what happens when something goes wrong and there are limited contractual terms governing the issue? What happens if they technically supplied the material they were supposed to, but it was rejected by the engineer? The answer may be contained in the Uniform Commercial Code (UCC). While the history of the UCC is much more complex, it basically boils down to issues of agreements taking place across state lines once it became easier tomove across the country.The various laws could mean drastically different outcomes depending upon what state you were in, and the business and legal communities looked to change this. The UCC was eventually adopted to help bring more uniformity to agreements across the country. The UCC contains different parts which address various nationwide issues such as securities, leases, bank transactions, etc. We are concerned with Article 2, Sales. Article 2 of the UCC applies to the sale of goods: “Unless the context otherwise requires, this Article applies to transactions in goods” § 2-102. While the specific facts and legal precedent in your jurisdiction will determine if the UCC applies, the test is typically referred to as the “predominant purpose.” For public construction, we generally would say this means if they are supplying you material, it is a sale of goods and the UCC applies. If they are both supplying material and placing it on the jobsite, the predominant purpose is not the sales of goods and the UCC does not apply. When issues arise, there are certain warranties contained in the UCC that you should look towards.There are express warranties, and implied warranties. First, §2-313 creates express warranties based upon the description of goods: 1. Express warranties by the seller are created as follows: a. Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. b. Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. c. Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model. 2. It is not necessary to the creation of an express warranty that the seller use formal words such as “warrant” or “guarantee” or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller’s opinion or commendation of the goods does not create a warranty. Second, if the seller is a merchant (defined elsewhere in the UCC) § 2-314 creates and implied warranty of merchantability: The Uniform Commercial Code and You By Thomas R. Olson & Rielly J. Lund
Concrete Pavement Progress www.acpa.org 22 C O N S T R U C T I O N L A W 1. Unless excluded or modified (Section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale. 2. Goods to be merchantable must be at least such as; a. Pass without objection in the trade under the contract description; and b. In the case of fungible goods, are of fair average quality within the description; and c. Are fit for the ordinary purposes for which such goods are used; and d. Run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and e. Are adequately contained, packaged, and labeled as the agreement may require; and f. Conform to the promises or affirmations of fact made on the container or label if any. 3. Unless excluded or modified (Section 2-316) other implied warranties may arise from course of dealing or usage of trade. Third, if the seller knows of the purpose of the materials, §2-315 creates an implied warranty of fitness for a particular purpose: Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose. With the above warranties, you have a starting place if the materials you purchased are rejected by the engineer or owner, even if you failed to have a contract in place incorporating the general contract requirements into the material supply agreement. You should be aware that the warranties may be altered by the contract. Language such “as is,” “with all faults” or others must be conspicuously written in order to waive. Make sure that you are reviewing the quotations provided, and if that language is included request it to be removed. The above are avenues you can take when things go wrong and you have not required your material suppliers to sign a supply contract.They are a starting place only, and you will need to consult with an attorney to determine the applicability to your specific fact pattern. And, we encourage all of our clients to make the above moot by having a supply agreement in place that has been specifically prepared with the complexities of construction in mind. While it may feel comforting to have the UCC as a safeguard, nothing tops a well-written contract. » continued from page 21 Thomas Olson is the founding partner of Olson Construction Law. Tom’s commitment is to provide guidance on how to resolve issues on the jobsite, not in the courtroom. Tom has worked on highway heavy projects throughout much of the United States for more than thirty years. A prolific speaker and writer as well as attorney, his expertise is in concrete and asphalt paving, utility, earthwork and bridge construction, schedule analysis, material testing, and the technical and legal obligations of both engineers and contractors. Rielly Lund is a committed advocate for contractors, with the ability to quickly and accurately analyze a client’s issue within the parameters of each specific contract. Rielly works with contractors through all stages of construction, from bidding to acceptance, with the goal of minimizing risk and maximizing profits for contractors. With this in mind, Rielly enjoys discussing various contractual requirements with contractors before issues arise, so they are best able to meet any challenges head on. ABOUT THE AUTHORS
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Concrete Pavement Progress www.acpa.org 24 Louisiana Chapter Announces New Executive Director THE CONCRETE & AGGREGATES ASSOCIATION OF LOUISIANA (CAAL), an ACPA-Affiliated Chapter, has announced Michael Demouy as their new Executive Director! Demouy joins CAAL with ten years of experience in the industry as the former Operations Manager with Louisiana Associated General Contractors. He serves as an industry representative on theDOTDWorkzone Task Force, President of the Baton Rouge Community College Construction Industry Advisory Council, and President-Elect of the Construction Industry Advisory Council for Louisiana State University. Please join us in welcoming Michael to CAAL, ACPA, and the Chapter State Committee! CPAM Returns to Af filiated Status AFTER A DECADE-LONG ABSENCE FROM THE ACPA FEDERATION, the Concrete Pavement Association of Minnesota (CPAM) has reaffiliated with ACPA! Led by Matt Zeller, P.E., CPAM rejoined ACPA this past December. Zeller has over 30 years of experience with road and highway construction, having served for nearly a decade with the Minnesota Department of Engineering, Office of Materials & Road Research as the MnDOT Assistant Concrete Engineer. Zeller went on to spend three and a half years as CPAM’s Engineering Director and has been CPAM’s Executive Director since 2004. Zeller was recently joined in engineering excellence by Dan Labo, P.E., who spent 10 years with MnDOT as a Project and Resident Engineer. JoAnna Bichner serves as CPAM’s executive assistant and brings over a decade of administrative experience to the organization. We are pleased to have Zeller, his team, and the CPAM members back and participating with the ACPA federation.
www.acpa.org Quarter 1, 2022 A C P A N E W S 25 2022 ACPA Mid-Year Meeting June 7–9, 2022 HOTEL VIKING 1 BELLEVUE AVE NEWPORT, RI ACPA’s 59th Annual Meeting November 29–December 1, 2022 OMNI NASHVILLE HOTEL 250 5th AVE SOUTH NASHVILLE, TN
Concrete Pavement Progress www.acpa.org A C P A N E W S 26 ISSUE DEADLINE Quarter 2 Apr 13 Quarter 3 Jul 13 Quarter 4 Oct 12 Advertise in Concrete Pavement Progress! Published quarterly, Concrete Pavement Progress disseminates industry news, best practices, and networking events nationally to all members of the American Concrete Pavement Association (ACPA). The ACPA is the world’s largest trade association that exclusively represents the interests of those involved with the design, construction, and preservation of concrete pavements. ADVERTISING RATES STARTING AT $280! • Discounted ACPA Member Rate •
www.acpa.org Quarter 1, 2022 A C P A N E W S 27 Stay up-to-date with the latest updates on our social media channels. @paveconcrete @paveconcrete63 American Concrete Pavement Association
Concrete Pavement Progress www.acpa.org A C P A N E W S 28 I IJA Concrete Pavement Provisions and the Bipar tisan Infrastructure Law Guidebook THIS JANUARY, THE WHITE HOUSE RELEASED the Guidebook to the Bipartisan Infrastructure Law, which serves as a roadmap to funding opportunities available through the Infrastructure Investment and Jobs Act (IIJA). Combined with the ACPA-produced IIJA: What’s In It for the Concrete Pavement Industry?, these documents serve as a digestible guide to the myriad of programs and funding sources that will implement the largest investment in physical infrastructure in a generation. The Transportation section of the Guidebook provides an overview of all the applicable grant programs in a standard, readable format alongside links to additional resources. Cross-referenced with What’s In It for the Concrete Pavement Industry, which provides a yearly look at the programs and grants relevant to the concrete pavement industry, members and Chapters can quickly understand how the trillion-dollar topline will translate to increased paving opportunities. The White House plans to release additional iterations in the coming months as relevant agencies continue to release implementation plans. IIJA: What’s In It for the Concrete Pavement Industry? Guidebook to the Bipartisan Infrastructure Law 4 Infrastructure Investment and Jobs Act Program FY 202 1 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 National Highway Freight Program (NHFP) 1.48 B 1.37 B 1.40 B 1.42 B 1.45 B 1.48 B FORMULA PROGRAM. The overarching aim of the NHFP is to improve the efficient movement of freight on the National Highway Freight Network. The IIJA provides $7.15 billion over 5 years for this. 7.6% cut from FY 2021 Status: On December 15, 2021, FHWA announced the apportionment of FY 2022 funding amongst the States (table of funding amounts for each state), but obligation of the full amount is contingent upon the enactment of the FY 2022 Transportation Appropriations bill. National Infrastructure Project Assistance (aka “mega projects”) 0 1 B 1 B 1 B 1 B 1 B DISCRETIONALRY PROGRAM. Section 21201 establishes a new competitive grant program that will support multi-modal, multijurisdictional projects of national or regional significance. Eligible projects include highway or bridge projects, freight intermodal or freight rail projects, railwayhighway grade separation or elimination projects, intercity passenger rail projects, and certain public transportation projects. Status: DOT is expected to propose selection criteria and application requirements, request public comment. Port Infrastructure Development Program 230 M 450 M 450 M 450 M 450 M 450 M DISCRETIONARY PROGRAM. The Port Infrastructure Development Program is administered by the U.S. Maritime Administration (MARAD). The program awards competitive grants for planning, operational and capital financing, and project management assistance to improve port capacity and operations. The IIJA provides $2.25 billion over 5 years for this program. 95% increase over FY 2021 Status: MARAD is expected to announce availability of funding for FY 2022. Federal Lands Transportation Program (FLTP) 375 M 422 M 430 M 439 M 448 M 456 M DISCRETIONARY PROGRAM. The aim of the FLTP is to Improve transportation facilities that provide access to, are adjacent to, or are located within Federal lands, including national parks, National Forests, BLM, US Army Corps of Engineers and Tribal lands. 12.5% increase over FY 2021 Status: FHWA is expected to announce the availability of funding for FY 2022 and invite applications. 3 Infrastructure Investment and Jobs Act Program FY 202 1 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Nationally Significant Freight & Highway Projects (INFRA grants) 1 B 1.64 B 1.64 B 1.64 B 1.54 B 1.54 B DISCRETIONARY PROGRAM. INFRA is a competitive grant program to support nationally and regionally significant freight and highway projects. The IIJA provides $8 billion for INFRA grants over 5 years. 64% increase over FY 2021 Status: Awaiting DOT’s issuance of a Notice of Funding Opportunity for FY 2022. Local and Regional Project Assistance (RAISE grants) 1 B 1.5 B 1.5 B 1.5 B 1.5 B 1.5 B DISCRETIONARY PROGRAM. Section 21202 provides $7.5 billion for the Local and Regional Project Assistance Program (RAISE grants, formerly known as BUILD and TIGER grants), a competitive grant program that funds surface transportation projects with significant local or regional impacts. Eligible projects include highway or bridge projects, passenger or freight rail projects, port infrastructure projects, and surface transportation components of airport projects, as well as transit and rail projects. 50% increase over FY 2021 Status: Awaiting DOT’s issuance of a Notice of Funding Opportunity for FY 2022. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program 0 1.40 B 1.43 B 1.46 B 1.49 B 1.52 B FORMUAL PROGRAM. (See also discretionary PROTECT program.) Section 11405 establishes a formula grant program and a competitive grant program to help States reduce the vulnerability of transportation assets to natural disasters. Total funding is $8.7 billion over 5 years, with $7.3 billion distributed by formula and $1.4 billion distributed via competitive grants. Status: FHWA is expected to propose project eligibility criteria, request public comment. On December 15, 2021, FHWA announced the apportionment of FY 2022 funding amongst the States (table of funding amounts for each state), but obligation of the full amount is contingent upon the enactment of the FY 2022 Transportation Appropriations bill. 2 Infrastructure Investment and Jobs Act Program FY 202 1 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 National Highway Performance Program (NHPP) 24 B 28 B 29 B 29.6 B 30 B 30.8 B FORMULA PROGRAM. The NHPP is the federal-aid highway program that supports improvements in the condition and performance of the National Highway System. Eligible activities include construction, reconstruction, restoration, resurfacing, and preservation of NHS segments, bridges, or tunnels. The IIJA authorizes a total of $148 billion over 5 years for the NHPP and expands the types of eligible projects to include transportation resilience and extreme weather mitigation projects. 17.3% increase over FY 2021 Status: On December 15, 2021, FHWA announced the apportionment of FY 2022 funding amongst the States (table of funding amounts for each state), but obligation of the full amount is contingent upon the enactment of the FY 2022 Transportation Appropriations bill. Surface Transportation Block Grant Program (STBG) 11.9 B 12.5 B 12.7 B 12.9 B 13.2 B 13.5 B FORMULA PROGRAM. The STBG program is the federal-aid highway program with the broadest eligibility criteria. Funds can be used on any federal-aid highway, on bridge projects on any public road, and for other purposes. The IIJA authorizes a total of $64 billion over 5 years. 4.4% increase over FY 2021 Status: On December 15, 2021, FHWA announced the apportionment of FY 2022 funding amongst the States (table of funding amounts for each state), but obligation of the full amount is contingent upon the enactment of the FY 2022 Transportation Appropriations bill. Airport Improvement Program (AIP) 3 B 3 B + 3 B 3 B +3 B 3 B + 3 B 3 B + 3 B 3 B + 3 B FORMULA PROGRAM. The AIP program supports the development of public-use airports. It is funded primarily through the Airport and Airway Trust Fund but Congress will also periodically, provide supplemental funding. The IIJA appropriates $15 billion in supplemental funding over 5 years for the AIP program. This funding is in addition to the approximately $3 billion per year that is distributed through the Airport and Airway Trust Fund. 100% increase over FY 2021 Status: FAA has notified Congress – but has not yet made a public announcement – about the amounts that will be distributed to public use airports in FY 2022. 1 Introduction On Monday December 15th, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA), officially launching what has been described as a “transformational moment” in United States transportation history. This 2,700-page, $1.2 trillion infrastructure legislation reauthorizes federal transportation funding for the next five years and provides $550 billion in new infrastructure funding. It involves multiple departments and agencies of the federal government beyond just FHWA and FAA. Of particular significance to the concrete pavement industry, the legislation authorizes $304 billion to the Highway Trust Fund (HTF) for roads and bridges over five years with approximately $100 billion in new spending for roadways specifically. Funding for the ‘formula program’ most associated with highway paving increases by roughly 20% above current levels for 2022, with an additional 2% yearly growth over the 5-year duration of the bill. On the airfield funding side, we expect more aggressive growth based on a $3 billion increase for the Airfield Improvement Program, on top of the $3.35 billion in annual appropriations. Not all of this money is for pavement, but these funds will be used to address the towering backlog of airfield work. In addition to the reauthorization and increased funding for transportation projects, the ACPAconceived $12 million per year Accelerated Implementation and Deployment of Pavement Technologies (AID-PT) program is included in the bill. This money is what funds FHWA’s cooperative agreement with the CP Tech Center as well as the vast majority of federally funded concrete pavement implementation and deployment initiatives across the country. On the following pages you will see a table identifying each element of the new law that is directly related to paving, a brief description of the program, and the funding provided over the next five years. Most of the programs that have provided business opportunities for the concrete paving industry in recent years have been provided significantly more funding. Additionally, new programs have been created. When those programs become operational, a larger mix of well-funded programs will present new opportunities for our industry. This mix of programs has the potential to stretch our markets beyond highways and airports to seaports, rural areas, and roadways in the Appalachian region as well as national parks and other federal lands. In the coming weeks and months, the U.S. Department of Transportation will be implementing this new law. This implementation will take many forms, including eligibility requirements, guidance, and new regulations. ACPA will be monitoring each new development and will work closely with our federal agency partners as well as other key stakeholders to ensure that our members can take full advantage of the myriad of opportunities IIJA offers for concrete paving. The Infrastructure Investment and Jobs Act What’s In It for the Concrete Pavement Industry?
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