APC Presents the 2020 42nd APC/PennDOT/PA Turnpike APC, Keystone Coalition Testify TQI Awards Virtually 8 Fall Seminar Cannot be Stopped 12 in House Committee Hearings 22
FALL 2020 VOLUME 99 • ISSUE 3
CELEBRATING Industry Excellence International Construction Equipment, Inc (ICE®) is the USA manufacturer, and operates service centers, a hose company, rental fleet and manages many global distribution networks. ICE® set up our USA manufacturing facility in 1974, where ICE® quickly became a world leader in deep foundation equipment manufacturing; and additionally, a USA distributorship for drilling rigs. ICE®, as a global company, has successfully maintained engineering & manufacturing of our vibratory hammers, lead systems & spotters, masts, dampener, powerunits & ice® drilling equipment in the USA. ICE® designs, machines, builds and tests our equipment in Matthews, NC before distributed to the world. ICE® offers a vast rental fleet & operates numerous service branches, strategically located to service our USA market & a distribution network world-wide to care for & service our international clients. Based on USA transportation infrastructure, ICE® has multiple service & rental branches in the tri-state & surrounding areas making our service & selection to our clients best in class for both our ice® manufactured and partnered offerings.
ICE® is the proud distributor of world-class drill rigs, tooling & more by these partners
2020 PENN DOT AD.indd 1 9/23/2020 11:01:53 AM International Construction Equipment, Inc (ICE®) is the USA manufacturer, and operates service centers, a hose company, rental fleet and manages many global distribution networks. ICE® set up our USA manufacturing facility in 1974, where ICE® quickly became a world leader in deep foundation equipment manufacturing; and additionally, a USA distributorship for drilling rigs. ICE®, as a global company, has successfully maintained engineering & manufacturing of our vibratory hammers, lead systems & spotters, masts, dampener, powerunits & ice® drilling equipment in the USA. ICE® designs, machines, builds and tests our equipment in Matthews, NC before distributed to the world. ICE® offers a vast rental fleet & operates numerous service branches, strategically located to service our USA market & a distribution network world-wide to care for & service our international clients. Based on USA transportation infrastructure, ICE® has multiple service & rental branches in the tri-state & surrounding areas making our service & selection to our clients best in class for both our ice® manufactured and partnered offerings.
ICE® is the proud distributor of world-class drill rigs, tooling & more by these partners
2020 PENN DOT AD.indd 1 9/23/2020 11:01:53 AM 22 CONTENTS FALL 2020 • VOLUME 99 • ISSUE 3 12 42nd APC/PennDOT/PA Turnpike Fall Seminar Cannot be Stopped Annual Event to be Held Virtually
8
COLUMNS FEATURES 7 TQI & Local Safety Award 8 APC Presents the 2020 Industry Advocates Educate Key Winners Showcase Industry’s Best TQI Awards Virtually 20 Lawmakers By Robert E. Latham, CAE 42nd APC/PennDOT/PA Turnpike APC, Keystone Coalition Testify APC Executive Vice President 12 22 Fall Seminar Cannot be Stopped in House Committee Hearings
Understanding the 75/125 Rule 28 14 PA Townships Working to 24 Introducing: APC by James W. Kutz, Esquire, Improve Local Infrastructure Annual Partnerships! McNees, Wallace & Nurick LLC 16 Addressing the GROWING Issue 26 Stahl to be Honored with 32 Industry Briefs of Transportation Funding 2020 James J. Skelly Award 34 Advertisers Index ON THE COVER: 2020 TQI Partnering Award winning Replacement of Bridge No. EB-117 MP 238.09 (Demolition portion of existing structure).
Highway Builder is published for the Associated Pennsylvania Constructors. Circulation covers highway and heavy constructors in Pennsylvania and surrounding states. Miscellaneous coverage throughout United States. Circulation also includes engineers, public officials, suppliers, equipment dealers, and others allied with the highway industry. 800 North Third St., Ste. 500 • Harrisburg, PA 17102 • phone: 717.238.2513 • fax: 717.238.5060
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Pile-Master-Ad-Highway-Builder-8.5x11.indd 1 9/9/20 2:13 PM ASSOCIATED Jay Cleveland Matthew R. Shorb Paul I. Detwiler, III Michael J. Sis PENNSYLVANIA Roger Drake Clayton Stahl CONSTRUCTORS Michael J. Driscoll, Jr. Robert N. Striewig, Jr. Mark S. Eckman Andrew Swank Barry A. Epley Fred Thompson 2020 Officers & Directors Ricke C. Foster Rich Truxel Michael B. Glezer James W. Van Buren OFFICERS Michael Hawbaker Thomas Westrom President Roy Heim Kent Wible Charles J. Niederriter Max J. Hempt R. Wayne Willey Craig A. Hoogstraten Kenneth L. Wolf Vice President Kevin L. Johnson Albert D. Hoffman John R. Kibblehouse, Jr. LIFE DIRECTORS Ryan King James J. Anderson OFFICIAL PUBLICATION OF THE Treasurer Patrick Kinsley Robert R. Buckley S. Scott Grannas Jeffrey C. Lamb Geoffrey W. Clarke ASSOCIATED PENNSYLVANIA CONSTRUCTORS John Laver, IV Timothy J. Crotty Executive Vice President Kevin Loftus William J. Cummings Robert E. Latham, CAE Dennis A. Luzier David L. Dillon EDITOR – Kimberly Maiolo Joseph M. Martosella, Jr. Michael Driscoll, Jr. DISTRICT VICE Joseph M. Martosella, III Cyril C. Dunmire, Jr. [email protected] PRESIDENTS James Marzolino James F. Eckman Owen J. McCormick Owen J. McCormick Dominic P. Girondo Michael Hawbaker George E. Mezey Daniel R. Hawbaker PUBLICATION PREPARATION – TriAd Marketing & Media James R. Parsons Ali Mills Max J. Hempt 371 County Line Rd. W. • Westerville, Ohio 43082 Thomas Quinnan Seth Myers Craig A. Hoogstraten Roy Heim Lea Nadler John R. Kibblehouse, Sr. Teresa Keller, Content Manager Ricke Foster James R. Parsons John J. McCormick, Jr. Mark S. Eckman David Patterson James D. Morrissey, Jr. S. Scott Grannas Melinda Peters Stephen M. Muck LAYOUT & DESIGN – TriAd Marketing & Media Paul Roman Frank Piedimonte Michael A. Palo Arik S. Quam Bruce B. Rambo ADVERTISING SALES Charles J. Niederriter – Mark Wolf Clayton Stahl Thomas Quinnan Wayne M. Schug 866.679.9340 or [email protected] Steven J. Reed Kevin R. Schultz BOARD OF DIRECTORS Megan Ritchey Richard E. Wagman Greg Andricos Scott L. Rocuskie Kenneth Wolf PRINTER – Capitol Citicom Inc. Roseline Bougher Paul Roman Paul Cameron Mark W. Schug
STRUCTURE DEMOLITION PLANS ▪ SUPPORT OF EXCAVATION ▪ DEMOLITION PLANS ▪ BEAM ERECTION PLANS ▪ OVERHANG DESIGN ▪ STREAM DIVERSION ▪ SECONDARY BEAM BRACING ▪ LIFTWorking PLANS with ▪ DEMOLITION Grace PLANS ▪ CRANE PLACEMENT PLANS ▪ SUPPORT OF EXCAVATIONIndustries of▪ Bath,OVERHANG PA, CERTIFICATION ▪ BEAM ERECTION PLANS ▪ OVERHANG DESIGNwe ▪ STREAMdeveloped DIVERSION a Demo- ▪ SECONDARY BEAM BRACING ▪ LIFT PLANS ▪ OVERHANG CERTIFICATIONlition Plan for the▪ CRANEre- PLACEMENT PLANS ▪ SUPPORT OF EXCAVATION ▪ DEMOLITION PLANS ▪ BEAM ERECTION moval of box beams PLANS ▪ OVERHANG DESIGN ▪ STREAM DIVERSION ▪ SECONDARY BEAM BRACING ▪ LIFT PLANS ▪ DEMOLITION PLANS ▪ CRANE PLACEMENT PLANS ▪ SUPPORTfrom the OF Hartz EXCAVATION Mill ▪ OVERHANG CERTIFICATION ▪ BEAM ERECTION PLANS ▪ OVERHANGBridge. DESIGN Grace ▪is STREAM a cus- DIVERSION ▪ SECONDARY BEAM BRACING ▪ LIFT PLANS ▪ DEMOLITIONtomer for PLANS more ▪than CRANE 10 PLACEMENT PLANS ▪ SUPPORT OF EXCAVATION ▪ OVERHANG-years. CERTIFICATION We value ▪ BEAMrela- ERECTION PLANS ▪ OVERHANG DESIGN ▪ STREAM DIVERSION ▪ SECONDARY BEAM BRACING ▪ tionships with all of our LIFT PLANS ▪ DEMOLITION PLANS ▪ CRANE PLACEMENT PLANS ▪ SUPPORT OF EXCAVATION ▪ OVERHANG CERTIFICATION ▪ BEAM ERECTION PLANS ▪ OVERHANGclients. DESIGN ▪ STREAM DIVERSION ▪ SECONDARY BEAM BRACING ▪ LIFT PLANS ▪ OVERHANG CERTIFICATION ▪
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6 HIGHWAY BUILDER Fall 2020 EVP Column
These agencies and firms demonstrated a commitment to moving our industry forward and enhancing quality.
TQI & LOCAL SAFETY AWARD While our 2020 TQI Partnering, Community Connections and Diversity Awards had to be delivered virtually, we are proud of the fine WINNERS SHOWCASE work of all the teams recognized. Take a moment and review the article that highlights these achievements on page 8.
INDUSTRY’S BEST For 38 years, the Pennsylvania Highway Information Association (PHIA) has been working with townships and boroughs to recognize by Robert E. Latham, CAE, APC Executive Vice President local governments’ work to enhance safety, convenience, and quality of life in their communities. The annual PHIA and PennDOT Road and Bridge Safety Improvement Awards recognize four outstanding projects across the Commonwealth. Learn about them in this issue on page 14.
APC Moves Forward with Funding Plan as Pressure Mounts on It is important to remind Motor License Fund ourselves and our customers There are mounting pressures on funding for our 40,000-mile state highway system, as road and bridge conditions are struggling to meet that our projects improve increased commercial and private vehicle demand. PennDOT states the quality of life in the that annually we find ourselves $9 billion short in unmet transportation needs, which according to the department will grow to more than Commonwealth. As we have $14 billion in 10 years. recognized the great work of contractors and engineers in partnership with PennDOT and the In this issue, we lay out APC’s plan to start to Turnpike Commission in the past, we are doing chip away at the growing so again in 2020 by honoring several projects funding deficit and put highway funding back on- that are truly improving the quality of life in track. It is unconscionable their community. to think that seven years after the enactment of Along that same line, partnering builds relationships and connections Act 89, PennDOT among stakeholders to improve outcomes and successful completion of predicted that the 2020 quality projects that are completed on time and within budget, focused and 2021 construction on safety, and profitable for contractors. APC has been working with project award values will PennDOT and the Turnpike Commission to create a partnering culture. be about equal to the 2012 program. The Partnering Awards are established to recognize award-winning projects that were successful with a team approach to project delivery. It is time to change course with forward-thinking Finally, one of APC’s key values recognizes how diversity in our industry policies that address the and the development of a diverse workforce and future industry leaders modern world we live in is crucial to our success. Collaboration works best when the team comes today and into the future. from different backgrounds, life experiences, and cultures. Read on and find out how you can get involved to Organizations that have demonstrated a commitment to diversity and be part of the solution on inclusion were encouraged to submit an application for an Annual APC page 22. Diversity Excellence Award.
We offer our congratulations to those organizations recognized during the TQI Partnering, Community Enhancement and Diversity Awards.
www.paconstructors.org 7 Feature APC PRESENTS 2o2o TQI Awa r d s Virtually
Each year, APC looks forward to celebrating the incredible work of This year’s awards honorees include: those in the bridge and highway industry during the TQI Awards in State College. During a year of unprecedented challenges that 2020 Diversity Award: Jacobs prohibited attendees from gathering in person, it was more important Jacobs puts people than ever that the program, now in its third year, continued, and that at the heart of its recognition was given to those who have gone above and beyond to business. With an advance diversity and inclusion, enhance communities, and exhibit unparalleled focus excellence in partnership. on inclusion with a diverse team APC Executive Vice President Bob Latham, PennDOT Secretary of visionaries, Yassmin Gramian, and PA Turnpike Commission CEO Mark Compton thinkers, and kicked off the Virtual TQI Awards with a video message to set the doers, Jacobs stage for APC members and event registrants. Over the subsequent two embraces all perspectives collaborating to make a positive impact. It months, a new winner was announced each week, with the release of aims to make diversity and inclusion (D&I) core attributes of its identity a brief video honoring each recipient. The videos were released during embedded in all employment and business practices in all locations. APC’s Weekly Online Updates, posted to the TQI Awards event website Jacobs has elevated D&I to a core value that guides how it pursues and and via social media with the hashtag #2020TQIAwards. executes business globally. Ranked in the top quartile of Forbes’ Best Employers for Diversity, it continues to advance diversity and inclusion Awards were presented in the following categories: to create an environment where all employees can thrive.
Diversity & Inclusion Jacobs’ formal D&I program is ‘Together Beyond.’ It has three Honoring private- and public-sector organizations that are champions priority focus areas: Culture Building and Engagement, Leadership in advancing diversity and fostering a culture of inclusion within their Commitment and Accountability, and Developing Our Talent. Jacobs workforce, business processes, and in the communities they serve. established distinct firmwide initiatives related to each of these focus areas; each with a timeline for implementation and specific metrics to Construction Partnering measure success. Recognizing partnership teams that demonstrate a high-level of achievement through their practice of the Partnering principles and 2020 Diversity Award: TRUSS District 8 Women’s Support Group processes related to the transportation industry. TRUSS has been a self-sustaining, women’s networking and support group in PennDOT District 8 since November 2018. The group was Community Connection & Enhancement created by an employee to reach out to women across the entire district, Recognizing projects that have a positive impact on quality of life in ranging from equipment operators, to clerk typists, to engineers. This communities. initiative brought women in the district closer and showcased assets that
8 HIGHWAY BUILDER Fall 2020 Bridge M.P. 18.14 Construction SEPTA Right of Way Improvements Middletown Township, PA
women can bring to the workforce. The group is represented by a committee of different generations, units, and backgrounds, and is backed by executive- level employees who share the same vision, mission, and values.
2020 Partnering Award: U.S. 119 Three Bridges Partners: • PennDOT Engineering District 10-0 • Swank Construction Co. LLC • Erdman Anthony Associates Inc. PROVIDING A FULL CONTINUUM OF INNOVATIVE • Federal Highway Administration CONSTRUCTION SERVICES TO RESTORE This project involved the AND ENHANCE OUR NATION’S INFRASTRUCTURE replacement of the bridge carrying U.S. Route. 119 over Yellow Creek with a four-lane, single-span composite steel- MBAKERINTL.COM plate girder bridge, removal and elimination of the existing structure carrying U.S. 119 over T-840 (Tide Road), and the removal and elimination of the bridge carrying U.S. 119 over an abandoned private railroad. This included widening of the existing median, addition of a concrete jersey-type median barrier, upgrading of guide rail, modification and improvement of drainage, raising the elevation of Tide Road to make it an at-grade intersection with U.S. 119, and other miscellaneous construction.
2020 Partnering Award: Replacement of Bridge No. EB-117 MP 238.09 Partners: • The EADS Group Inc. • Pennsylvania Turnpike Commission • J.D. Eckman Inc. • Monaloh Basin Engineers • Alfred Benesch & Co.
This project included the replacement of the existing Bridge EB-117 over the Norfolk Southern (NS) Railroad during the 2018 and 2019 construction seasons. The existing three-span steel- girder bridge was replaced with a single-span steel- rolled girder bridge utilizing
www.paconstructors.org 9 Accelerated Bridge Construction Methods. In order to complete the 1697, the bridge is the oldest EB-117 Bridge project, two 59-hour road closures, continuously-used roadway one eastbound and one westbound, along the Pennsylvania Turnpike bridge in the United States were implemented. and was suffering from severe deterioration and significant Project Partnering played a crucial role in the successful completion of collision damage. When the project. Partnering started out informally, with the coordination and confronted with repair needs planning between all entities involved in the design. Partnering then following a collision that was carried out through construction with a formal partnering workshop destroyed a portion of a and continued through project completion with coordination and parapet wall, PennDOT opted cooperation among project stakeholders. instead for a full rehabilitation rather than a quick repair of the wall. PennDOT, in collaboration with 2020 Partnering Award: Pennsylvania Turnpike Commission TranSystems, developed a rehabilitation program for the bridge that Southern Beltway 55-A1 addressed its structural deficiencies while maintaining its historic character, Partners: all while working with the local community, adjacent schools, SEPTA, • Pennsylvania Turnpike Commission Philadelphia Parks & Recreation and a consulting parties group (part of • Independence Excavating Inc. the Section 106 process) throughout the design and construction phases. • CDR Maguire • Mackin Engineering Co. 2020 Community Connection & Enhancement Award: Mon Wharf Pedestrian Bridge This project, Section 55-A1, Partners: is the first of seven phases • SAI Consulting Engineers Inc. that will ultimately connect • Clearwater Construction S.R. 22 to S.R. 79. Located • City of Pittsburgh DOMI in Robinson Township, • Riverlife Washington County, 55-A1 is a 3.7-mile, four-lane highway In a partnership with the extension of S.R. 576. The City of Pittsburgh DOMI, 55-A1 project includes work Riverlife contacted SAI on four state roads. This Consulting Engineers to involves the reconstruction/ provide a streamline design of realignment of S.R. 4009 (Candor Road), S.R. 4011 (Quicksilver the Mon Wharf Pedestrain Road) and S.R. 980 (Robinson Highway), as well as the construction Bridge. SAI provided of the new relocated S.R. 4010 (Beech Hollow Road). Some technical a switchback design to characteristics of the project include 5.3 million cubic yards of minimize structure length and excavation, 19 new detention ponds, 48,000 feet of storm sewer, 10,000 foundations. The bridge is feet of temporary/permanent waterline relocation, 40,000 feet of conduit a 607-foot long by 12-foot- for highway lighting/telecommunications, 74,000 feet of underdrain, wide two-girder system with a concrete deck and railing. The switchback 29,000 feet of guide rail, and 300,000 square yards of new concrete and provides pedestrian and cyclist connection between the Smithfield Street asphalt pavement. Additionally, the project includes the construction of Bridge and the Mon Wharf, a 35-foot elevation difference. seven new bridges ranging from single-span to triple-span structures. 2020 Community Connection & Enhancement Award: 2020 Community Connection & Enhancement Award: U.S. 22 - Canoe Creek Intersection Improvements Project Frankford Avenue Bridge Rehabilitation Partners: Partners: • PennDOT Engineering District 9-0 • PennDOT Engineering District 6-0 • The EADS Group Inc. • Loftus Construction Inc. • Plum Contracting Inc. • TranSystems • Federal Highway Administration • SEP TA • Rails to Trails of Central Pennsylvania • Philadelphia Parks & Recreation • Blair County Commissioners • Frankstown Township Supervisors Frankford Avenue crosses the Pennypack Creek with a three-span, stone-masonry arch bridge that has been a presence in the Holmesburg U.S. 22 - The Canoe Creek Intersection Improvements Project consists neighborhood of northeast Philadelphia for three centuries. Built circa of roadway improvements along one mile of U.S. 22 near Canoe Creek
10 HIGHWAY BUILDER Fall 2020 State Park in Frankstown A special thank you to the following 2020 TQI Award Sponsors that Township, Blair County. The made the program possible: project includes realignment of three intersections to PRESENTING SPONSOR: correct substandard geometry, allowing for the elimination of two existing intersections with U.S. 22. Widening is provided on U.S. 22 to accommodate left turn lanes at AWARDS NETWORKING SPONSOR: two intersections. An existing box culvert and bridge along U.S. 22 are replaced and a new box culvert at S.R. 2022 is provided. Also included is the construction of ½ mile of new shared-use trail including a precast box underpass to provide a connection between the existing Lower Trail and the north side of U.S. 22 for future connectivity to the state park. Additionally, the design of the U.S. 22 bridge over Canoe Creek provides a walkway on the upstream side that AWARDS BANQUET PARTNERING will be utilized by DCNR as it develops a connection to the new shared- TABLE SPONSOR: SPONSOR: use trail and further expands the trail network within the park.
You can visit paconstructors.org/2020TQI to view the videos honoring each recipient.
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www.paconstructors.org 11 Feature 42nd APC/PennDOT/PA Turnpike Fall Seminar Cannot be Stopped Annual Event to be Held Virtually
homes, with participants having the freedom to take part in every aspect of the event either during the live event or in the months following. The Fall Seminar is traditionally held the week before Thanksgiving, and this will not change as the live virtual event will take place November 17-20, with recorded content available to view for 90 days.
PENNA TURN- PIKE Although this will be a different experience than the traditional in- person event, there are new opportunities that come with shifting to a virtual experience. APC staff, board members, and partners have With COVID-19’s many unknown factors and worked to create an experience that will deliver much of what attendees have grown to love about the annual Fall Seminar and more. Such as: restrictions, and concern at the forefront for the health and safety of the thousands of • Engaging speakers attendees, APC and its partners at PennDOT • A virtual exhibit hall experience complete with prize (and grand prize) giveaways and PA Turnpike Commission have decided to • Ability to meet face-to-face with exhibitors at their booths hold the 2020 Fall Seminar as a virtual event. • Breakout workshops with PennDOT and Turnpike officials • The opportunity to earn up to 15 PDH credits This year’s event will not take place at the Hershey Lodge and • Sessions featuring PennDOT & Turnpike Letting Reports Convention Center, but rather in the comfort of attendees’ offices or • Brand exposure through sponsorships and advertising
12 HIGHWAY BUILDER Fall 2020 Agenda & Registration Visit www.apcfallseminar.com to view the various types of virtual booths Visit www.apcfallseminar.com to view the full agenda and register. offered, learn more about the benefits, and secure your booth. Register by October 31, to take advantage of the reduced virtual Early Bird member rate of $250 before it increases to $285. Sponsoring & Advertising This year’s virtual experience will include unique opportunities Virtual Exhibit Hall to increase brand awareness and connections with key members We’re putting the human element into the Virtual Fall Seminar through of the transportation construction industry, PennDOT, and our engaging exhibitor experience. Exhibitors can expect: PA Turnpike Commission.
• Face-to-Face virtual interaction between exhibitors and attendees In addition to Fall Seminar-specific sponsorships, APC Partnerships are • Dedicated times for attendees to visit exhibitors during the Fall offered to members that include both year-round exposure on APC’s Seminar week digital platforms as well as top billing sponsorship of the Fall Seminar. • The ability to showcase products and services through customizable Check out the details of APC’s Partnerships on page 24. content on dedicated company webpage • Marketing that extends beyond the confines of the traditional three- Current Fall Seminar sponsorships and advertising availability can be day Fall Seminar event – 90 days following the wrap up of the event viewed and secured at www.apcfallseminar.com. • Cost savings by cutting out travel and exhibiting expenses • Flexibility to connect with more potential contacts from anywhere • Incentives for attendees to connect with exhibitors during dedicated times through various prize giveaways
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www.paconstructors.org 13 Feature PA Townships Working to Improve Local Infrastructure
The Pennsylvania Highway Information Association While the structure’s age is unknown, it was in-place before the advent of the “horseless carriages,” as Oakburne Station was established in 1859 (PHIA) and the PA Department of Transportation and was adjacent the Philadelphia and West Chester Railroad station. The aged structure had severe deterioration of both the sub-structure (PennDOT) presented its annual Road and Bridge and superstructure, and consequently was weight-restricted. Moreover, Safety Improvement Awards this year by recognizing it had been closed twice in the previous 20 years from damages caused by the flooding of Goose Creek. Permanently closing the bridge on the several municipalities throughout Pennsylvania. important east-west cross-township Oakbourne Road was not an option. Therefore, the Board of Supervisors agreed to do a full replacement, while at the same time correcting inherent road alignment deficiencies Due to the ramifications of COVID-19, only awards to Pennsylvania’s and remove structure-mounted utilities. townships have been conducted so far. Later this year, awards will be presented to PA counties. These municipalities each submitted various road or bridge safety improvement projects that were completed in the most-recent calendar year. A panel of judges reviewed and scored each entry based on the following criteria: safety, resource utilization, benefits of improvements, and cooperation.
Four winners were determined for the 2020 awards. In the Bridge Category, co-winners were Westtown Township, Chester County, and Licking Creek Township, Fulton County. In the Roadway Category, co-winners were West Hanover Township, Dauphin County, and Penn Township, Chester County.
Bridge Category OAKBOURNE ROAD BRIDGE Westtown Township replaced the Oakbourne Road Bridge over Goose Creek, which was a very long-standing and deteriorated structure.
14 HIGHWAY BUILDER Fall 2020 The second Roadway Category winner was Penn Township, located in Chester County. This unique project was complex and was achieved over a long period through acquisition of additional right of way, planning, and discussions with interested and affected parties, including preservation of the historic Red Rose Inn.
The intersection of Jennersville Road (S.R. 0796) and Old Baltimore Pike (S.R. 3026) are PennDOT routes commonly known as the “Red Rose Intersection.” This intersection serves as the gateway for traffic traveling between the US Route 1 Bypass and the many homes, amenities, and services Penn Township and Jennersville have to offer. This is a well-known intersection in southern Chester County because of the historic Red Rose WEST DUTCH CORNER CULVERT REPLACEMENT Inn, which dates back to the 1700s and is located on the northwest corner of the intersection. To address significant traffic backups and safety concerns, Penn Township and local elected officials worked with PennDOT to fund and implement the Red Rose Intersection Improvement Project. Design Licking Creek Township also received a Bridge Category Award for its was completed in 2018 and construction was completed in 2019, which West Dutch Corner Culvert Replacement project. The township had included safety implementations such as realignment, widening for multiple a drainage pipe at the location that was not handling runoff properly dedicated left- and right-turn lanes, corner radius improvements, traffic and was causing erosion to the banks and roadway. The township signal upgrades, pedestrian amenities, and pavement resurfacing. The project contacted the Fulton County Conservation District for assistance and utilized innovative funding techniques and significant township resources in with its cooperation filed for Dirt and Gravel Road Program assistance. a collaborative process to achieve the resulting intersection. While small in size and scope, this project provided huge benefits, as it eliminated repeated flooding issues which occured almost every rain event.
Roadway Category West Hanover Township in Dauphin County is no stranger to the challenges population and traffic growth present to many townships. Faced with needed improvements for a hazardous intersection that RED ROSE INTERSECTION connected with a busy state route, West Hanover Township studied how best to improve sight distance, align an offset of the intersection with an additional street, widen the state route, and install a Flashing Warning This was PHIA’s 38th year conducting the award competition. Beacon. The township’s leadership understood the safety concerns of its Congratulations to all these municipalities on their accomplishments. local community related to the intersections of Devonshire Heights Road, Douglas Road, and Hershey Road (State Route 39). For more information on how to submit project entries for the 2020 year, contact PHIA at 717-236-6021 or by emailing JWagner@ pahighwayinfo.org.
STATE ROUTE 39
www.paconstructors.org 15 Feature
Addressing the GROWING Issue of Transportation Funding APC Launches Campaign to Narrow the Funding Gap
Pennsylvania has struggled over the years to adequately fund its highway transportation system. We have had some success. Act 89 (a major transportation bill) helped reduce the number of PennDOT’s bad bridges from 6,000 to 3,000. Hundreds of miles of roadway have been repaired. Roads are safer. But, there are mounting pressures on funding for our 40,000-mile state highway system. Road and bridge conditions are struggling to meet increased commercial and private vehicle demand. Today, we find ourselves $9 billion short in unmet transportation needs. According to PennDOT, this will grow to more than $14 billion in 10 years.
It’s time to change course with forward-thinking policies that address the modern world we live in today and into the future.
How did we get here? A modern timeline of challenges:
Not quite enough. In 2013, a transportation bill known as Act 89 raised an additional $2.3 billion per year which partially 2013 filled what was, at the time, a $3.5 billion funding gap. The hope was that the federal government would step up with additional funding, but that did not occur.
Highway dollars diverted. The General Assembly gradually increased the diversion from the Motor License Fund – which pays for the construction and maintenance of our highway system – by $170 million 2015 to support General Fund operations (mostly State Police.) The entire diversion is now more than $700 million annually. That works out to the equivalent of nearly 12 cents per gallon in fuel taxes, or more than one-fifth of total state fuel taxes paid by motorists.
A global pandemic. The emergence of COVID-19 resulted in a huge drop in vehicle travel, decreasing fuel consumption and therefore fuel tax revenue. Fuel tax revenue makes up a significant portion 2020 of the Motor License Fund, which PennDOT now estimates will see an $800 million shortfall from now through next year. Again, this is how we pay for our roads and bridges.
But wait, there’s more. Along the way, there has been erosion in buying power, diversion of another $150 million to fund Real ID, a federal mandate to shift $430 million from local roads to the interstate system, an $820 million mandate to upgrade guiderails and more than $100 million for emergency repairs to BEYOND landslides. This is occurring all while gas tax projections fall short due to the increasing usage of more-efficient and alternative-fuel vehicles. Our current funding model can no longer sustain our transportation needs
16 HIGHWAY BUILDERHIGHWAYFall BUILDER 2020 Fall 2020 Why should you care?
Every Pennsylvanian – regardless of where they live or if they drive – depends on a safe and efficient highway system.
Safety: Damaged and obsolete roadways are a contributing factor causing deadly crashes. The safety improvements to roads funded by Act 89 had a direct impact on reducing highway fatalities, so we know it works; but we need a continued investment to continue the trend.
Quality of Life: We depend on an efficient transportation system to get us to work, to school, to the doctor, and to tourism destinations without getting stuck in hours of traffic. And now more than ever, we depend on it for Amazon, take-out, and grocery and medical deliveries that arrive quickly, conveniently, and unscathed to our front door.
Economic Prosperity: Highway funding drives our economy through the creation of jobs for builders, engineers, and trade professionals. Also, according to the Congressional Budget Office (CBO), for every dollar in infrastructure investment, there is an economic benefit that ranges from approximately $1 to as high as $2.50.
Food & Energy Security: Roads connect our rural communities, our creators of energy, food, and fiber, with the rest of the state and country. These goods produced in our farms and fields cannot arrive in our homes and on our tables without use of our roads and bridges.
Changing Course
We’re currently going the wrong direction when it comes to properly funding our transportation system. We need to prepare for the future and start putting proactive policies in place that narrows the gap in funding rather than continuing to widen it. So, how can this be done?
www.paconstructors.org 17 Pennsylvania State Police Funding address the damage done during the shutdown and accelerate and boost Potential source of $706 million the design community so that projects can be put into the pipeline. Over the years, a gradual funneling of monies intended for highway projects was diverted to other needs, such as State Police operations. The General Federal Funds Increase/Stimulus Assembly has to address a General Fund problem caused by the loss of Potential source of $500 million the $400 million per year subsidy from the Turnpike to support public According to the Congressional Budget Office, The Highway Trust transportation. This is an opportunity to ALSO end all diversions from the Fund needs at least $6.4 billion in additional revenue to support surface Motor License Fund, which consists of mostly State Police funding, and let transportation programs at current funding levels, plus inflation, through user-fee revenue be used for what it was intended to be used for in the first September 2021. These estimates come as the current surface transportation place – our transportation system. law, the FAST Act, expired at the end of September with no movement in Congress on replacement legislation. Also, Congress is currently gridlocked Adjust OCFT for Inflation on a second COVID-19 relief package, and funding for the full federal Potential source of $775 million over time government was set to expire September 30. Congress must resolve these According to PennDOT, a loss of $100 million a year in buying power major issues to avoid a government shutdown. A boost in federal Highway occurs at a modest inflation rate of 2.25%. This means less money to Trust Fund revenues is needed to help close PennDOT’s needs gap. fund highway improvements. The Oil Company Franchise Tax needs to be updated in order to recognize and offset inflation. Distribution Impact Fee Potential source of $500 million Alternative-Fuel Vehicle Fee (HB 1392) Proximity to major East Coast cities, affordable land prices, and easy Potential source of $10 million at start but will increase over time access to Pennsylvania’s vital interstate surface transportation systems Whether a vehicle is fueled by gas or electricity, all vehicles cause wear have caused a major growth in distribution warehouses across the and tear on our transportation system and need to share the cost of Commonwealth. This will continue to grow as consumers utilize more maintenance. The majority of the Motor License Fund, which is what e-commerce and come accustomed to the just-in-time supply chains that pays to repair our roads and bridges, comes from fuels taxes – which support quick deliveries. An impact fee on distribution centers based on electric or alternative-fuels vehicles do not pay. HB 1392 addresses a per-square-foot rate would offset the increasing wear and tear on our the issue through alternative-fuel vehicle fees, as many other states highway systems caused by the increase in truck traffic. have already implemented. Although $10 million is not much to start, the trend of electric vehicles and alternative fuels usage is projected to significantly increase in the years ahead. How you can make an impact
CARES Act Funding Visit the "Advocacy" tab on paconstructors.org to learn how you Potential source of $50 million can carry this message to your legislators and join our As West Virginia did recently, Pennsylvania could use federal stimulus advocacy team by texting APC to 52886. money to restart highway projects that were put on hold when the coronavirus shut them down. CARES Act Funding would help to
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ECA-Highway-Builder-Generic-Ad-8.5x11.indd 1 9/9/20 2:06 PM Feature Industry Advocates Educate Key Lawmakers From Zoom to the board room, industry advocates continued to lead efforts to educate key lawmakers on the impact of the highway construction industry and importance of adequate funding through various APC and TCI-PAC events.
House Minority Appropriations Chairman Matt Bradford (D-Montgomery) met with the TCI-PAC in June to discuss the status of the Motor License Fund and the impact COVID-19 had – and will have – on the funding outlook for highway construction and public transportation. Senate Transportation Committee Chair Kim Ward (R-Hempfield) met with members of the TCI-PAC to discuss challenges facing the highway construction industry in May. Rep. Dave Zimmerman (R-Lancaster), a leader of the Lancaster House Delegation and member of the House Appropriations Committee, discussed budget issues with the TCI-PAC Board in September.
TCI-PAC Board Members Bob Latham, Roy Heim, Rod Martin, and Jamie Van Buren attended a recent House Republican event in Eastern PA. House Majority Leader Kerry Benninghoff (R-Centre) was a special guest during APC’s Speaker Series in September.
Senate Minority Leader Jay Costa (D-Allegheny) PA House Appropriations Chair TCI-PAC Board Vice Chair met with the TCI-PAC Stan Saylor (R-York) provided an Lisa Wagman Glezer talks board in August. update on the state's COVID-19 Sen. David Argall funding with Rep. Martina response and related legislation, as (R-Berks/Schuylkill) White (R-Phila). well as the status of the 2020-21 joined the APC Summer state budget during APC’s May Board Meeting as a Speaker Series. special guest speaker.
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www.paconstructors.org 21 Feature
APC, Keystone Coalition Testify in House Committee Hearings
On August 18 and 19, Associated Pennsylvania Oil Company Franchise Tax, enacting alternative-vehicle fuel fees, using federal stimulus funds to restart projects halted due to Constructors (APC) and representatives of the coronavirus, and tolling Interstate projects. the Keystone Transportation Funding Coalition (KTFC) testified before the House Transportation On the second day of the hearing, KTFC representatives, which included Recycle Bicycle’s Ross Willard, Western Pennsylvanians for Committee to weigh in on a package of Passenger Rail's Mark Speda, and Mission Readiness’ Bruce Clash, had bills developed by a House task force that the opportunity to testify. Willard and Speda spoke of the importance of was formed to investigate how to better fund all modes of transportation in providing mobility for all Pennsylvanians, and Clash detailed the importance of fitness-related transportation in transportation infrastructure. combatting obesity among potential candidates for military service.
During the first day of hearings, APC Executive Vice President Bob Additional coalition agencies and organizations that testified included Latham recounted the events that have occurred since the passage American Council of Engineering Companies (ACEC/PA), County of Act 89 of 2013. In addition to Act 89 not fully addressing the Commissioners Association of PA (CCAP), PA State Association of funding gap, the diversions from the Motor License Fund to support Township Supervisors (PSATS), and a mix of state public transportation General Fund functions increased. agencies, including SEPTA, the Pittsburgh Port Authority, and the PA Public Transportation Association. This year’s COVID-19 pandemic caused a major drop in fuel tax revenue, which PennDOT estimates will cause a Thank you to all who participated in these hearings for shortfall in expected revenue totaling $800 million continuing to bring attention to the importance of a through 2021. comprehensive, multimodal solution to transportation funding that improves quality of life for all Pennsylvanians. Latham also outlined several ways the General Assembly could address transportation needs, beginning with All transcripts and reports from these hearings can eliminating Motor License Fund diversions entirely. be viewed on the PA House Transportation Other measures include indexing the floor of the Committee website.
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www.paconstructors.org 23 Feature
Introducing APC Annual Partnerships! Support your Association & Maximize your Exposure
The lingering uncertainty and challenges Thank you to the following APC members who have presented by COVID-19 continue to impact secured their APC Annual Partnerships: nearly every aspect of business. Although its Platinum long-term effects, particularly on events and traditional brand marketing, have yet to be seen, APC has created a proactive partnership program that will provide valuable and wide- reaching brand awareness opportunities regardless of the type of world in which we operate in the future.
With an emphasis on our virtual capabilities and reach, top billing at APC’s signature events (Fall Seminar and TQI Innovation Gold Conference & Awards), and benefits that span the length of a year, APC is excited to announce its APC Annual Partnerships Program.
Officially launched in August, the program quickly sold out of the Gold Partnerships, however, there is ONE Platinum Partnership remaining and unlimited Silver Partnerships.* Check out the benefits to each opportunity to the right.
The deadline to secure an APC Annual Partnership is Nov. 1, 2020. Secure by this year’s deadline and enjoy benefits for the rest of this year and all of 2021 (That covers TWO Fall Seminars!). Silver *Availability based on time of printing.
Kim Maiolo at [email protected] or 717-238-2513 ext. 108 for current availability Contact and to secure your Partnership today.
24 HIGHWAY BUILDER Fall 2020 Annual APC Partnership Benefits
Support your Association & Maximize your Exposure! Platinum Gold Silver Partner Partner Partner $12,500 $9,500 $6,500 Continuous Benefits ($19K Value) ($13.5K Value) ($8.5K Value) Up to 3 Up to 5 Limited Partnership Availability Partners Partners
Logo on the Associated Pennsylvania Constructors homepage for a year
Logo included in all regularly scheduled APC webinars for a year (Speaker Series, Coffee with Counsel and Weekly Updates that are held as needed) (at least 24-36 webinars a year)
Logo included in one regularly scheduled APC webinar per month or 12 a year (Speaker Series, Coffee with Counsel and Weekly Updates that are held as needed)
One-time email blast to APC member list
Company social media spotlight
Event-Specific Benefits Logo placed on all signature event marketing materials including promotional emails PRIORITY and event website Logo placed on signature event signage and program (In a virtual platform, logos will PRIORITY be placed on screen and electronic program) Fall Seminar exhibit space included and priority choice of exhibit space for following year FULL FULL HALF Ad in Fall Seminar program booklet
4 4 2 Tickets included to each signature event
Verbal recognition of sponsorship at the beginning of each signature event
PRIORITY Recognition in Highway Builder magazine as sponsor for each signature event
PRIORITY Repeated exposure in Weekly Updates as a sponsor promoting signature events
Social media recognition for each signature event
*Signature events include the Fall Seminar and TQI Innovation Conference & Awards. Contact: Kim Maiolo at [email protected] to secure your partnership by Nov. 1, 2020 Feature
Stahl Honored with 2020 James J. Skelly Award Clayton Stahl, president of Mt. Pleasant-based heavy and highway construction company Gulisek Construction LLC receives the 2020 James J. Skelly Award.
The James J. Skelly Award recognizes Clayton Stahl took over the helm as president of Gulisek Construction LLC in 2009 with the retirement of Jack Gulisek. Gulisek Construction has operated a member of APC who has made an from Mt. Pleasant, Pa., since its inception in 1965. Operating primarily in the outstanding contribution in advancing Western Pennsylvania region, Gulisek Construction is widely recognized in the heavy and highway construction industry. the broad objectives of the association. To be eligible, a person must be an Stahl has served as APC District Vice President in District 12 since 2014, having helped then-District 12 APC Vice President Carol Brady and officer or employee of a firm having District Engineer Joe Szczur establish the prototype for our current District membership in APC and have made a Senior Liaison Committees, which have now been established in all PennDOT districts. distinct contribution to the cause of better roads either through the association or in Stahl serves as chairman of APC’s EEO/DBE Committee, attending many meetings with the Bureau of Equal Opportunity and organizing APC’s connection with his or her other activities. advocacy in the DBE arena. Currently, he serves on the Disparity Study Steering Committee Work Group and recently spearheaded a study of DBE difficulties in bidding directly to PennDOT. Stahl is a member of the State Transportation Innovation Council (STIC) Construction Committee and advocated for reform of On the Job Training rules and regulations. In 2018, he was recognized for his efforts to promote minority trainees receiving the TQI Diversity Award.
Involved politically at the local level, Stahl serves as a key industry contact with State Senator Kim Ward, who chairs the Senate Transportation Committee.
Stahl is a member of the CAWP Labor Committee. He served on the ACPA/PA Board from 2006 to 2011; and, as ACPA/PA chair from 2008-2010.
Past Skelly Award winner, George Mezey, will virtually present the award to Stahl at the Fall Seminar.
The award’s namesake, James J. Skelly, was a highway contractor from Media, Pa., who served as APC president from 1937 to 1945 and helped guide the association through its infancy and growth period.
The first Skelly Award was presented in 1971 to Hempt Brothers’ Ray Grove. Over the course of nearly 50 years only 23 others have received this recognition.
26 HIGHWAY BUILDER Fall 2020 Past Winners:
Ray Grove James Julian Ervin Voyles Joseph M. Martosella Nello Teer John P. Rutter David Kuhn Leonard C. Bellanca A. Harden Coon Geoffrey W. Clarke Harry Halloran Patrick P. Loftus Anthony Benintend Gordon Nagle John DiRenzo Ronald J. Drnevich LaVerne Bracken James W. Van Buren James Glasgow Albert D. Hoffman Ralph Peters George E. Mezey Robert B. Fay Sr.
www.paconstructors.org 27 LEGAL Update
UnderstandingJames W. Kutz, Esquire, the 75/125 Rule by McNees, Wallace & Nurick LLC
such an underrun or overrun, an adjustment to underruns, as it provides: “When a contract the contract price “will be made as specified in item experiences a significant change in Section 110.03.” Notably, such an adjustment character as a result of a decrease to below is mandatory under this specification. 75% of the original contract quantity … total compensation will not exceed the contract The origin of PennDOT’s 75/125 Rule is item’s original value.” Thus, for example, if only contained in the Code of Federal Regulations, 25% of a certain unit price item is performed, and thus arises from a federal mandate. then the ultimate renegotiated unit price, Specifically, 23 CFR Section 635.109 contains when multiplied times the actual quantity of several standardized changed condition clauses work performed, cannot exceed the contract As most contractors are aware, PennDOT’s that must be included in a state DOT’s standard item’s original value. As described below, Form 408 Specifications contemplate that specifications, one of which is the 75/125 clause. the existence of this limitation within the in the event there is a significant overrun While the 75/125 Rule is required by federal 75/125 Rule is one of the primary reasons that or underrun in the estimated quantity of a regulations, those regulations do allow a state contractors could consider multiple grounds to contract item with a unit price, an adjustment DOT to have the flexibility to define what support a request for changes in the unit price in the unit price will be considered. The constitutes a “major item of work” to which the when quantity variations occur. specifications define a significant underrun 75/125 Rule will apply. PennDOT has elected or overrun as a change in quantity that is to define a “major item of work” in Section Significantly, there is not an automatic review either below 75% or above 125% of the plan 101.03 of the Form 408 Specifications as “any of an item that occurs when the final quantity quantity (The 75/125 Rule). While this item having the unit of measure other than falls outside of the 75/125 range. Rather, rule seems simple enough, like anything lump sum, call, dollar, or predetermined amount it is incumbent on both the contractor and else, the devil is in the details, as there is no (PDA).” Accordingly, virtually all of PennDOT the owner to identify such situations, and to contractual road map that governs how the contract items are subject to the 75/125 Rule. evaluate whether there should be a change in price adjustment is to be made in the event the contract price as a result of the quantity of an underrun or overrun. While Section 110.02(d)(2) contemplates underrun or overrun. Similarly, there is no time a mandatory change in the unit price in the period set forth in the Form 408 Specifications This article will examine the background of this event the final contract quantity falls outside as to when the 75/125 issue should be specification, will discuss how other contract the 75/125 range, there are other limitations in raised. Inasmuch as most unit price items are provisions may also apply to situations involving this section that describe how much of a price performed over the course of an entire contract, a significant change in contract quantity, and change can be negotiated. First, this section it may be premature to raise the 75/125 issue will explain several strategies to consider when provides that “any allowance for an increase in early in the job. However, if either party plans contract overruns or underruns occur. quantity applies only to that portion in excess to seek an adjustment of the price, it is prudent of 125% of the original contract item quantity, to raise the issue as soon as practicable. On Background of 75/125 Rule or in the case of a decrease below 75%, to the many PennDOT projects, it is not uncommon The 75/125 Rule, which is contained in actual quantity of work performed.” Thus, in the for the issue to be addressed during the final Section 110.02(d)(2) of the Form 408 event of an overrun, the first 125% of quantity quantities process. Specifications, provides that “if any major item performed would be paid at the contract unit of work as defined in Section 101 is increased price, with negotiation occurring thereafter to Other Applicable Contract Provisions to in excess of 125% or decreased to below establish a revised unit price, if any, to those While a significant underrun or overrun in 75% of the original contract quantity” … such units performed above 125%. a plan quantity is a de facto change in the an alteration will be considered a “significant character of the work under Form 408, it is change in the character of the work.” This Similarly, Section 110.02(d)(2) contains critical that contractors evaluate all of their section further provides that in the event of a limitation with respect to payment for contractual rights when changed circumstances
28 HIGHWAY BUILDER Fall 2020 arise. Section 110.02(d) actually defines Lump Sum Items to determine whether there is a significant two circumstances as to what constitutes a While lump sum items are not considered by change in the cost of performing a lump sum “significant change in the character of the PennDOT to be a “major item of work” for item before an adjustment will be made. While work.” The first prong of Section 110.02(d) the purposes of the 75/125 Rule, there are the 75/125 Rule does not apply on its face to provides that such a change occurs when circumstances that allow a lump sum price quantities of work contained within a lump “the work as altered differs materially in to be adjusted. Under Section 110.02(e), a sum item set forth in a Component Item kind or nature of that involved or included lump sum price is required to be adjusted if a Schedule, a good argument can be made that in the original proposed construction ...” It differing site condition is encountered, or if a if the quantities set forth in the Component is the second prong of Section 110.02(d) change is directed by the representative that Item Schedule vary materially (i.e. fall below that contains the 75/125 Rule calling for significantly increased or decreased the cost of 75% or above 125% of the quantity listed in a change in the unit price for significant performing the work. This provision essentially the Component Item Schedule) that such a quantity underruns or overruns, and making requires a fact-specific analysis be performed material variance is a significant change in such underruns or overruns a de facto “significant change in character” of the work. Thus, contractors will be entitled to a price adjustment in either circumstance, i.e. if the work differs materially from the original contract, or there is a significant quantity variance.
When there is a significant contract underrun or overrun, it is imperative contractors do not www.ACMILLER.com solely rely on the 75/125 Rule if other factors 1-800-229-2922 East support a price increase. Rather, contractors 1-866-837-5154 West should also evaluate whether the first prong of Section 110.02(d) applies to the contract item at issue. There are dozens of circumstances that arise on any highway construction project that may result in a contract unit price item experiencing a “significant change in the character of the work,” and some of those instances may also involve significant quantity underruns or overruns. For example, in the case of Class 1 excavation, if the contract quantity overran slightly and a total of 135% of the quantity was actually performed, it may be helpful to analyze whether the unexpected change in the quantity involved a PRODUCT LINES: greater quantity of “easy” Class 1 excavation l Box Culverts or a greater quantity of more “difficult” Class l Structural Products: Post Tensioned Beams, Planks, Columns, etc. l Bridge Decks 1 excavation. Thus, if far more rock than l Conveyer and Utility Tunnels represented was ultimately encountered and l Intake Towers and Stack Tubes l Electrical and Telephone Manholes and Handholes was required to be ripped and/or blasted, l Meter Vaults, Valve Vaults, Back Flow Prevention Vaults (Factory Piped) rather than relying on the quantity overruns l Waste Water Structures to justify an increase in price, the item l Precast Buildings l Light Pole Foundations should be evaluated under the first prong of l Inlet Boxes Section 110.02(d), as it was different in kind l Junction Chambers l Drainage Structures or nature than what was represented in the l Secondary Containment Vaults original proposed construction. As explained l Fire Walls below, in circumstances where the first prong of Section 110.02(d) applies, it is typically advantageous to rely on that section to seek a price adjustment rather than relying on the 75/125 Rule.
www.paconstructors.org 29 the cost of performing the lump sum item. In Regulations. As such, the contractor is manner. Similarly, a significant overrun may support of seeking an adjustment for a lump required to allocate its overhead and profit result in the contractor having to hopscotch sum item, the contractor could argue that over all bid items. When an item of work is around certain areas and require additional because the Form 408 Specifications define deleted in its entirety, there are necessarily mobilizations, or may have otherwise caused significant quantity increases or decreases overhead expenses that the contractor is diminished productivity on either the item by using the 75/125 Rule elsewhere in the going to incur that will now not be recovered itself or on other impacted items. The primary contract documents, the rule should also be through payment of the unit price of the advantage of using both prongs of Section utilized in renegotiating lump sum items. deleted item. While it is not uncommon 110.02(d), particularly in an overrun situation, for contractors to forego seeking payment is that the unit price for the entire item can be Deleted Items of Work for deleted items, a valid argument can be renegotiated, not just the amount above 125%. One other argument that frequently arises made that the contractor is entitled to its lost Similarly, in an underrun situation, if both with respect to contract underruns is what overhead and profit for such deleted items. prongs of Section 110.02(d) are invoked, the happens when the owner opts to delete an limitation that one can only recover costs up to item entirely from the contract? Under Section Strategies Regarding Underruns and the “value of the original contract price” should 104.02 of the Form 408 Specifications, when Overruns not apply. an item of work is eliminated, reimbursement It is difficult to set forth an exhaustive list of “actual expenses” will be made per Section of strategies to consider when faced with a Second, for contract underruns, consider using 110.03(b). However, the term “actual expenses” significant overrun or underrun of the plan the simplest explanation to renegotiate an that may be recovered is not defined in the quantity, as there are dozens of situations that increase in the price. One common approach specifications. may require the application of various contract to seeking a change in the unit price for an provisions and/or legal concepts. However, underrun is to provide the owner with the total When a contractor encounters a deleted there are several global strategies to consider of the markup that it applied to the contract item of work, a good argument can be made when faced with significant quantity changes. price in question for overhead and profit. For that the “actual expenses” contemplated by example, when a contract item hits only 20% Section 104.02 includes both the lost overhead First, as mentioned and if at all possible, is of its plan quantity, a renegotiated price for and lost profit eliminated from the contract both prongs of Section 110.02(d) to support that 20% performed would include the total by the deletion of the contract item by the a claim for extra payment when a contract value of the overhead and profit bid by the owner. In support of such an argument, the item overruns or underruns. For example, contractor on the remaining 80% of the work contractor can point to its requirement to a significant change in quantity may have which was not performed. Such an argument materially balance bids under both Form 408 caused the contract item at issue to be is intuitive, and it is typically easy for a public Specifications and PennDOT’s Prequalification performed inefficiently and/or in a disjointed owner to understand.
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30 HIGHWAY BUILDER Fall 2020 Third, the impact to both other contract from the overrun can be considered during or decrease in the unit price. The problem with items and contract time as a result of the contract negotiations for an increase in the that approach is the contractor seldom prepare overrun must be carefully considered. It is unit price of the work item itself. Second, bids using force account methodology. Thus, not uncommon for both the owner and the the impact of the overrun of a particular using cost justification forms to support an contractor to believe they are entitled to an contract item on other items of work must increase or decrease in the contract unit price adjustment of the contract unit price in the be considered as well. If, for example, there can often lead to misleading results. While it event of an overrun. Owners often perceive is a significant overrun on Class 1 excavation is not always practicable to do so, relying on that a contractor receives a windfall in overrun and drainage work that had to be performed actual bid documents, cost data from work situations because the contractor’s overhead in advance of paving operations, and the performed on the project, or other information and profit has already been recovered on the paving operations are now pushed into harsher to support a change in the price outside of first 100% of the item performed. When weather, the increase in the plan quantity of the force account process is typically the best facing this argument from the owner, and/ some items ultimately resulted in an impact course of action. or when seeking an increase as a result of a to the cost of the “follow-on” work items. contract overrun, it is prudent for contractors Once again, this impact can be considered in In summary, the 75/125 Rule is a risk-shifting to evaluate the ultimate ripple effect of renegotiating an increase to the unit price for specification that protects both parties. When having a significantly greater quantity of the contract items that overran. faced with such situations, a contractor should work performed for a particular item than carefully consider its other contractual rights originally anticipated. Finally, one other strategy to consider is to contained in the Form 408 Specifications, and advocate to the owner that the change in the negotiate the changed prices accordingly. The approach in such situations is usually unit price should be negotiated rather than twofold. First, a quantity overrun invariably relying on force account justification forms. involves an impact to the schedule. Thus, if One of the primary disconnects that arises there is a critical path delay caused by the when a 75/125 situation is encountered is that overrun in the plan quantity, the cost of the PennDOT’s preference is to typically use a extended duration of the contract resulting force account process to support any increase
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www.paconstructors.org 31 Submit news about your company to Kimberly Maiolo via email at [email protected]
future traffic volume; full-depth bituminous and concrete reconstruction; and the mill and overlay of the project area. Additionally, guide rail and signage were upgraded to meet the current standards, and an eastbound left-turn lane at Summit Way was added late in the design process at the request of Hampden Township to improve safety for residents. Navarro & Wright Welcomes Blitz as CFO Navarro & Wright has hired Robert Blitz to lead the Accounting Group as chief Northeast Prestressed Products financial officer and is based out of the New Announces New Leadership Cumberland corporate headquarters. Effective July 1, Thomas F. Koons , who will retire on Dec. 31, 2020, has passed the torch to Dennis R. Fink as president of Northeast Blitz joins Navarro & Wright with experience Prestressed Products (NPP). and enthusiasm, and has a proven track record of helping both private and public companies Fink is currently serving as vice chairman of the Board of Directors for the accelerate growth and achieve scale. He was Precast/Prestressed Concrete Institute (PCI) and has more than 35 years the director of Finance & Administration for of experience in the industry. His experience and leadership will carry Robert Blitz Raytheon for 12 years and has worked as the NPP for years to come. director of Finance for Time Warner Cable and the Harris Corporation as well as the West Region CFO & COO for AECOM and in similar Troy M. Jenkins has also been promoted to vice president/chief engineer capacities for other large corporations on both the East and West Coasts. effective July 1. Jenkins has been chief engineer of NPP since 2009 and has more than 19 years of experience in the industry. He is currently the chairman of the Bridge Producer Committee of PCI. LDG Receives ASHE Project of the Year Award for Creekview Interchange The Harrisburg section of the Gannett Fleming Landslide Remediation American Society of Highway Project Garners National Awards Engineers (ASHE) held its spring The Gannett Fleming Route 30 meeting via Zoom in June, where Emergency Landslide Remediation Larson Design Group (LDG) project received national accolades was presented with a 2019 Project with two prestigious award wins: of the Year Award for its work on the American Society of Highway the Creekview Road Interchange in Engineers (ASHE) National Project of Cumberland County. LDG served as the Year Award — Under $20 Million, the project design firm and provided and the Association of Environmental preliminary engineering, final design, and construction phase services. & Engineering Geologists (AEG) Outstanding Environmental and Located in Hampden Township, Cumberland County, the project Engineering Geologic Project (OEEG) Award. addressed several safety concerns of the interchange between Creekview Road and State Route 581. Originally, the flow of traffic exiting S.R. 581 In early-spring 2018, a landslide collapsed part of State Route 30, a key onto Creekview Road was controlled by stop signs at the end of the regional highway that carries more than 30,000 motorists daily in East northbound and southbound off ramps, which caused extreme delays and Pittsburgh. The landslide sent tons of road debris and soil down a steep created safety issues during peak traffic hours as traffic exiting S.R. 581 for hill, damaging a home and two apartment buildings beyond repair. Creekview Road would back up on to S.R. 581. Through collaboration with the Pennsylvania Department of Transportation The project included upgrades such as adding traffic signals to the (PennDOT), Gannett Fleming worked around-the-clock to deliver a interchange; expanding the on and off ramps to accommodate existing and comprehensive landslide remediation design and bid package in just 10 days.
32 HIGHWAY BUILDER Fall 2020 The extraordinary design effort accelerated the start of construction and his diverse technical skillset facilitated the coordination and effective ensured the new roadway opened as soon as possible. The typical turnaround management of multi-disciplinary design efforts, and his management for this type of project is two years, yet thanks to these efforts, PennDOT responsibilities have included business development, staff oversight, quality reopened the road and restored mobility within three months. The team’s control, client relations, and project implementation. decisive actions likely saved lives. In assuming the role of CEO, Tardy will be stepping aside from his Gannett Fleming’s Route 30 Landslide Remediation has also been former role of COO, which will be assumed by Andrew French, P.E., the recognized by the Engineers’ Society of Western Pennsylvania, Emergency organizational leader of FPA’s Land Development team and member of Remediation Project of the Year; the American Society of Civil Engineers the board of directors. Pittsburgh Section, 2018 Award of Merit; and Engineering News-Record, 2019 Best Small Project of the Year. French Named COO FPA recently announced that Andrew L. French, P.E. , has been promoted to chief Wagman Welcomes Rhine as operating officer for the firm.
Design-Build Project Manager With more than 25 years of experience, Wagman recently welcomed Scott Rhine, French is a member of the firm’s board of P.E. , to the Heavy Civil team as Design- directors and most recently served as technical Build project manager. Rhine is an organization leader of the Land Development accomplished designer and entrusted engineer- Group at FPA. In this role, he oversaw the Andrew L. French in-charge specializing in major design-build technical services provided by the group, projects. He brings more than 25 years of including Land Surveying, Site Engineering and Landscape Architecture. experience to the team. Prior to joining For the last eight years, French has also proudly served as the Wagman, he was the vice president, national consulting engineer for the Township of Wall. design-build manager, design manager, and senior design engineering Scott Rhine manager at two national construction companies, where he was responsible for Leading experts in materials quality assurance and business development, design, estimating and project quality control inspection, coatings inspection, management. He is a recognized expert in the field, construction management and construction inspection having completed dozens of major projects nationally, focused on delivering cost-effective services. including many in the Mid-Atlantic Region alongside Wagman project teams. Quality. Assured. We are Quality. Assured.
FPA Announces Changes in Leadership Tardy Named CEO French & Parrello Associates (FPA) recently announced that Steven A. Tardy, P.E. , has been named chief executive officer by the firm’s board of Coatings Inspection directors. Quality Assurance/Quality Control Inspection Construction Management/Construction Inspection Steven A. Tardy Beginning his career with Non-Destructive Testing/Evaluation FPA 33 years ago as a summer intern while pursuing Engineering Consulting & Technical Training his bachelor’s degree in civil engineering from Rutgers University, Tardy’s work with the firm has been a key HRV Conformance Verification Associates, Inc. 420 Rouser Road, Suite 400, Moon Township, Pennsylvania 15108 driver in FPA’s growth over the past three decades, 412.299.2000 www.hrvinc.com which now includes more than 15 disciplines, 170 Career Opportunities Available employees, and eight offices. Most recently serving as Equal Opportunity Employer: disability/veteran WBE/DBE Enterprise the firm’s chief operating officer and board treasurer,
www.paconstructors.org 33 INDUSTRY Briefs
Wagman Completes Watkins Mill Road his role at Bentley provided him the opportunity to continue and expand Interchange Ahead of Schedule his experiences and relationships in the A/E/C industry. Prior to Bentley Systems, DeFlavia served as a highways/signals project manager at Wagman announced that it has completed the Interstate 270 at Watkins TPD for 12 years, and four years before that were spent with the City of Mill Road Interchange project, located in Gaithersburg, Md., six months Philadelphia Streets Department, Traffic Engineering Division. ahead of the owner’s allotted schedule. The project opened to traffic in June and a virtual ribbon cutting ceremony was coordinated to celebrate DeFlavia has a B.S. degree in civil engineering and a M.S. degree in the accomplishment. transportation engineering, both from Villanova University. He serves on the board of directors of the Engineers’ Club of Philadelphia and is This $90-million project for the Maryland State Highway Administration a past president of both the Mid-Atlantic and Mid-Colonial districts of (MSHA) relieves congestion on one of Montgomery County’s most the Institute of Transportation Engineers (MASITE). In his free time, he traveled corridors. The project scope required a new interchange on I-270 serves as a board member of the Holy Cross Regional Catholic School, as consisting of 14 structures, including a five-span bridge over I-270 and well as a volunteer coach. a two-span bridge along an off-ramp. In addition to the main structures, the project featured two box culverts, a 72-inch storm drain, numerous cast-in-pace and MSE retaining walls, and the complete reconstruction of a tributary of Seneca Creek. Urban Engineers Named to Top Workplaces List for the 11th Time Additionally, because of a Value Engineering Change Proposal (VECP) Urban Engineers announced that it has earned a spot on the Top by Wagman, a new retaining wall using grouted tiebacks was safely Workplaces list in the Philadelphia Region for the 11th year consecutive constructed between an active I-270 and an environmentally sensitive year by The Philadelphia Inquirer. The firm was ranked 9th in the floodplain. Through partnership with MSHA, this VECP reduced project Midsize Company Category. costs and lessened impacts to the traveling public. “Urban strives to create a culture of inclusivity, and we work hard to provide benefits that are valuable to employees at all age levels,” said TPD Welcomes Back Vincent DeFlavia, PE, Meredith Clark, PHR, an Urban vice president and director of Human Regional Leader – Traffic Engineering and ITS Resources. “It is an honor to be named to the Top Workplaces list for the 11th time and be in the top 10 of our category. We appreciate that year TPD announced the recent hiring of Vince DeFlavia, P.E. , who after year our staff ’s survey responses get Urban recognized.” rejoined the TPD team as a regional leader for Traffic Engineering and ITS Services. In this role, DeFlavia will enrich TPD’s traffic engineering According to Top Workplaces, The Philadelphia Inquirer has recognized and related emerging technologies capabilities, particularly with respect 135 companies and organizations in Philadelphia as great places to work to the public sector, with a focus on Transportation Systems Management in 2020. These companies have been recognized based solely on surveys and Operations (TSMO), Intelligent Transportation Systems (ITS), and completed by their employees. Smart Cities applications.
DeFlavia has 25 years of A/E/C industry experience. He returns to TPD after working for Bentley Systems as sales director for its North American Project Delivery Team. With Bentley’s focus on transportation engineering software solutions, and DeFlavia’s focus on client service,
ADVERTISERS Index Hanson Aggregates Pennsylvania...... 27 Leeward Construction Inc...... 30 HDR Engineering Inc...... 18 A.C. Miller Concrete Products Inc...... 29 High Steel Structures...... 11 New Enterprise Stone & Lime Co. Inc...... 17 AECOM...... 21 HRV Conformance Verification Northeast Prestressed Products LLC...... 21 ARROW Land Solutions LLC...... 7 Associates Inc...... 33 PENNSTRESS...... 17 Michael Baker International...... 9 International Construction Reinforced Earth...... IBC Brayman Construction...... 13 Equipment Inc...... 3 STV...... 23 Cleveland Brothers Equipment Co. Inc.... BC IUOE Local 66...... 23 Terre Hill Concrete Products...... 21 Eagle Concrete Products Company...... 9 JBC Associates Inc...... 15 Trumbull/Lindy Paving/Gulisek...... 31 Equipment Corporation of America....5 & 19 Jilco Inc...... 27 Witman Engineers & Consultants LLC...... 6 Gannett Fleming...... IFC Johnson Mirmiran & Thompson...... 18
34 HIGHWAY BUILDER Fall 2020 Mechanically Stabilized Earth Wall or Prefabricated Modular Wall?
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