Infrastructure Improves PA Voters: Stop Diverting Transportation 2021 Construction Innovation Communities 10 Money for Other Things 15 Conference a Virtual Success 24

SUMMER 2021 VOLUME 100 • ISSUE 2

road to victory laying the foundation of security and prosperity for 100 years CONTENTS SUMMER 2021 • VOLUME 100 • ISSUE 2

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COLUMNS FEATURES 6 All-Industry Effort ‘Rescue 8 Speaker Series Rewind 16 Milestones PA Roads’ Campaign Pays High Steel Structures Celebrates 90 Years of Business $280-million Dividend 9 2021 TQI Awards Now By Robert E. Latham, CAE Accepting Nominations 18 Roads to Victory – Laying APC Executive Vice President the Foundation of Security Infrastructure Improves 10 and Prosperity for 100 Years 28 Dealing with Unexpected Material Communities Shortages and Price Increases 2021 Construction Innovation by James W. Kutz, Esquire, Hess Completes Internship 24 14 Conference a Virtual Success McNees, Wallace & Nurick LLC with APC 32 Industry Briefs 15 PA Voters: Stop Diverting 34 Advertisers Index Transportation Money for Other Things

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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2020 PENN DOT AD.indd 1 9/23/2020 11:01:53 AM ASSOCIATED Roseline Bougher Steven J. Reed Paul Cameron Megan Ritchey PENNSYLVANIA H. Daniel Cessna Scott L. Rocuskie CONSTRUCTORS Jay Cleveland Paul Roman Michael Cottle Mark W. Schug

Paul I. Detwiler, III Matthew R. Shorb  2021 Officers & Directors Roger Drake Michael J. Sis Michael J. Driscoll, Jr. Clayton Stahl OFFICERS Mark S. Eckman Andrew Swank President Barry A. Epley Fred Thompson Charles J. Niederriter Ricke C. Foster Rich Truxel

Mark Gentile James W. Van Buren

Vice President Michael B. Glezer Kent Wible   Albert D. Hoffman Michael Hawbaker Kenneth L. Wolf Roy Heim OFFICIAL PUBLICATION OF THE Treasurer Max J. Hempt LIFE DIRECTORS S. Scott Grannas Craig A. Hoogstraten James J. Anderson ASSOCIATED PENNSYLVANIA CONSTRUCTORS Kevin L. Johnson Robert R. Buckley

Executive Vice President John R. Kibblehouse, Jr. Geoffrey W. Clarke Robert E. Latham, CAE Ryan King Timothy J. Crotty EDITOR – Kimberly Maiolo Patrick Kinsley William J. Cummings DISTRICT VICE Jeffrey C. Lamb David L. Dillon  [email protected] PRESIDENTS John Laver, IV Michael Driscoll, Jr. LESS AIR, Owen J. McCormick Kevin Loftus Cyril C. Dunmire, Jr. Michael Hawbaker Dennis A. Luzier James F. Eckman PUBLICATION PREPARATION – TriAd Marketing & Media James R. Parsons Joseph M. Martosella, Jr. Dominic P. Girondo

371 County Line Rd. W. • Westerville, Ohio 43082 Thomas Quinnan Joseph M. Martosella, III Daniel R. Hawbaker Roy Heim James Marzolino Max J. Hempt Teresa Keller, Content Manager Ricke Foster Owen J. McCormick Craig A. Hoogstraten  Mark S. Eckman George E. Mezey John R. Kibblehouse, Sr. S. Scott Grannas Ali Mills John J. McCormick, Jr. LAYOUT & DESIGN – TriAd Marketing & Media Paul Roman Seth Myers James D. Morrissey, Jr. MORE Lea Nadler Stephen M. Muck ADVERTISING SALES Charles J. Niederriter – Mark Wolf Clayton Stahl James R. Parsons Michael A. Palo 866.679.9340 or [email protected] David Patterson Bruce B. Rambo BOARD OF DIRECTORS Melinda Peters Wayne M. Schug Heather Abbs Frank Piedimonte Kevin R. Schultz PRINTER – Capitol Citicom Inc. Greg Andricos Arik S. Quam Richard E. Wagman Tom Bice Thomas Quinnan ENERGY

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board to discuss our issue and submitted op-eds for placement across the state, including a key placement with RealClearPolitics. All of this was ALL-INDUSTRY EFFORT possible thanks to member contributions to the Advocacy Trust Fund. A working group of lobbyists and association executives representing ACEC, ACPA, CAEP, CAWP, PAPA, PACA, and APC met weekly to ‘RESCUE PA ROADS’ discuss strategy and share information. CAEP and CAWP coordinated lobbying efforts with organized labor. TCI-PAC met with a number of legislators and coordinated attendance at political events to ensure CAMPAIGN PAYS maximum publicity of our issue. $280-MILLION DIVIDEND APC commissioned a poll that showed that by a ratio of nearly 3-to-1, Pennsylvania voters support removing the State Police from a fund that by Robert E. Latham, CAE, APC Executive Vice President is dedicated for highway construction, immediately making an additional $700 million per year available to build and maintain highways and bridges. We used that information to create a legislative environment conducive to supporting our ask. During its April 9 meeting, the We sought more, but in the end the effort paid off. Because of a total APC Board of Directors decided team effort on the part of the highway construction, design, and material to act. The industry would seek community, Governor Wolf ’s original budget taking $675 million from the Motor License to reverse the anemic 2020-21 Fund for the State Police PennDOT letting program by Budget was reduced by advocating to keep motorists’ fees in the PA some $280 million. This will boost the PennDOT Motor License Fund and stop the shifting of these capital budget in the monies to the Pennsylvania State Police (PSP) short-term and increase lettings in 2021 and 2022. Budget. The State Police could then be funded by federal COVID relief funds known as the The effort and results American Rescue Plan. show that when we set our mind to it we can So, soon after the American Rescue Plan was passed in Washington, accomplish important APC launched “Rescue PA Roads,” an industry call to action urging our results in the political elected officials to stop diverting highway funds in the 2021-22 state arena. In February, this budget. More than 830 members of the highway construction industry wasn’t a consideration. sent more than 3,000 emails and social media posts calling on their By June it was a given senators and representatives to stop diverting highway funds for state fact that transportation police operations and to pay for PSP operations from the American would be addressed in the Rescue Funds. Many members made personal calls and set up meetings budget. Congratulations with legislators to press the case. and thanks to all industry members who A committee consisting of APC staff and consultants launched a worked hard for this statewide media campaign to amplify our “Rescue PA Roads” messaging accomplishment. through print, radio, and television platforms. In the weeks leading up to the passing of the state’s fiscal budget, interviews secured included The KDKA Morning Show (twice), WITF’s “Smart Talk” program, PCN’s “On the Issues” program and “This Week in PA” with Harrisburg’s local ABC affiliate, among others. We also met withPenn Live’s editorial

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SPEAKER SERIES REWIND Congressman Lamb Offers Federal Take on Transportation Issues

APC’s Speaker Series welcomed U.S. Rep. Other points he made include: Conor Lamb (D-17) this spring to share his • The consensus for a Vehicle Miles Traveled fee to replace perspective on various transportation issues consumption taxes on liquid fuels seems to be growing, but it will – primarily on funding. still be a few years away and will probably require pilot projects to work out methods for tracking miles and collecting revenue Lamb, one of several PA members of Congress on the House • “Infrastructure” – as defined by the Problem-Solvers Caucus Transportation and Infrastructure Committee, explained the genesis (of which Rep. Lamb is a member) – consists of traditional of a bill he is sponsoring that would send federal money directly to components such as bridges, highways, and water systems, state departments of transportation to keep projects going that have along with the electrical grid and high-speed internet been stalled by falling gas-tax revenue. Pennsylvania would receive • Paying for infrastructure will probably consist of multiple $720 million. measures, such as increasing the corporate tax rate, improving tax enforcement, and giving the IRS additional resources

“It’s time to go BIG Asked what could be done to help move infrastructure initiatives on this thing,” forward, Rep. Lamb suggested that members of the construction Rep. Lamb said. industry contact their congressional representatives and urge support for infrastructure improvements.

Don’t miss our other online events:

APC Weekly Online Update Coffee with Counsel In addition to APC’s Speaker Series, the association offers a variety APC’s Coffee with Counsel is a legal briefing and discussion with of other online event opportunities. APC keeps members in the APC’s counsel Jim Kutz regarding various topics affecting the industry know during its Weekly Online Update every Wednesday at 1 pm. and membership. Previous Coffee with Counsel topics have ranged APC staff are on hand to provide a rundown of timely issues from updates to Section 100 to dealing with unexpected material impacting the highway construction industry. This members-only shortages and price increases. Visit www.paconstructors.org to register forum provides the opportunity for members to ask questions, voice for our next Coffee with Counsel on September 3 at 9 a.m. concerns, and seek assistance. Participation is encouraged! Visit www.paconstructors.org to register for our next Update. Looking for a previous recording of APC’s Weekly Online Update, Speaker Series or Coffee with Counsel? Reach out to Kim Maiolo at [email protected].

8 8 HIGHWAYHIGHWAY BUILDER BUILDER SummerSummer 2021 2021 Feature

Now Accepting Nominations

The TQI Awards were established in 2017 to members of our industry. Award recipients will be recognized at this year's APC/PennDOT/PA Turnpike Fall Seminar, scheduled for recognize those in the highway and bridge November 17-19. construction industry for their outstanding General Eligibility Requirements achievements in Partnering, Diversity & Inclusion, • The project/program must be transportation related and Community Connection & Enhancement. • One application submittal per awards category • One application per project/program Any project team that has successfully completed a project in a partnering atmosphere may apply for the Partnering Award. Projects/Program Timeline • Construction projects underway by June 1, 2020, preferably The Diversity & Inclusion Awards honor private- and public-sector substantially complete or accepted for maintenance between organizations that are champions in advancing diversity and fostering a Oct. 1, 2020 and May 31, 2021 culture of inclusion within their workforce, business processes, and in the • Non-construction projects/programs established by June 1, 2020 communities they serve. • Purpose, intent, goals, and/or objectives were substantially met • Projects submitted for award in prior years are not eligible Citizens relate to safety, convenience, and quality of life improvements in their community. The Community Connection & Enhancement awards Nominations are due by July 26, 2021 at 5 p.m. seek to recognize projects that had a positive impact on quality of life in Visit www.paconstructors.org for complete information. communities.

APC is proud of our partnership with PennDOT and the Pennsylvania Turnpike Commission in recognizing the outstanding efforts by

www.paconstructors.org 9 Feature

Infrastructure IMPROVES Communities by Judith M. Bernicker, JBC Associates Inc. Contributors R. Robert Morrison, P.E., Urban Engineers Inc. and Paul T. Linahan, P.E., Gannett Fleming Inc.

Infrastructure improves communities. Nowhere is this more evident than two projects recently selected by the American Society of Highway Engineers (ASHE) Delaware Valley Chapter as “2020 Project of the Year” winners. State Route 0422 Section SRB – U.S. 422 Schuylkill River Bridge in Montgomery and Chester counties was selected as the “Project of the Year (Over $20 Million)” and Lafayette Street Extension - Section MGN in Montgomery County was recognized as the “Project of the Year (Less Than $20 Million)”.

10 HIGHWAY BUILDER Summer 2021 According to the National League of Cities CEO and Executive Director western suburbs’ access to King of Prussia and Pottstown along with Clarence Anthony, funding partnerships with federal and state agencies commuters going into the City of Philadelphia. are essential for large transportation and other infrastructure projects to proceed. For communities and regions to thrive, the importance of Act 89 advanced this 10-year planning and design project to construction multimodal access in and through cities and towns needs to be realized. in February 2016 with 80% federal and 20% state funding. The new U.S. The passage of Act 89 in 2013, the transportation funding bill for the 422 Schuylkill River Bridge opened to unobstructed traffic in November Commonwealth of Pennsylvania, provided the necessary state funding 2020 with an estimated final construction cost of $96.6 million. partnership for planned regional and local infrastructure projects. Infrastructure Key partners on this project consisted of the Federal Highway S.R. 0422 SECTION SRB – U.S. 422 SCHUYLKILL RIVER BRIDGE Administration (FHWA), the Commonwealth of Pennsylvania, Growth in the western suburbs of Philadelphia has transformed King PennDOT (owner), J.D. Eckman Inc. (general contractor), Urban of Prussia and other municipalities along the U.S. 422 corridor to Pottstown into some of the IMPROVES largest economic centers in Pennsylvania. To address severe congestion and increase safety on U.S. 422 and the bridge at Valley Forge over the Communities Schuylkill River, the Pennsylvania Department of Transportation (PennDOT) completed a major reconstruction project. The S.R. 0422 Section SRB project provides modern, wider bridges to improve travel and carry U.S. 422 www.ACMILLER.com motorists over the Schuylkill River, Norfolk 1-800-229-2922 East Southern Railroad, South Trooper Road - 1-866-837-5154 West an Upper Merion Township Trail, and the Schuylkill River Trail in Montgomery County, as part of the Schuylkill River Crossing Complex Improvement Program. The focal point of this program was the replacement of a bridge built in the 1960s with the expansion of the U.S. 422 Schuylkill River Bridge and the widening and reconstruction of one mile of U.S. 422 between the Route 23 and Route 363 interchanges. This section of U.S. 422 carries an estimated 113,000 vehicles per day between the two interchanges.

The new, 785 foot-long, five-span bridge over PRODUCT LINES: l Box Culverts the Schuylkill River carries eight lanes – double l Structural Products: Post Tensioned Beams, Planks, Columns, etc. the number of lanes on the original structure. l Bridge Decks The project includes the reconstruction of the l Conveyer and Utility Tunnels l Intake Towers and Stack Tubes widened Route 23 bridge over U.S. 422 and the l Electrical and Telephone Manholes and Handholes construction of a new “fly-over” bridge allowing l Meter Vaults, Valve Vaults, Back Flow Prevention Vaults (Factory Piped) l Waste Water Structures for future relocation of North Gulph Road. The l Precast Buildings project also includes construction of widened l Light Pole Foundations l Inlet Boxes and reconstructed shoulders, new interchanges l Junction Chambers with Route 23 and Route 363 located adjacent l Drainage Structures l Secondary Containment Vaults to Valley Forge National Historical Park, and l Fire Walls a new flyover ramp connecting U.S. 422 with Valley Forge Road. The improvements help to relieve diversionary regional traffic on local roadways including roads within Valley Forge National Historical Park and opens up the

www.paconstructors.org 11 SR 422 New 5-Span Bridge Construction (J.D. Eckman, Inc.) Completed SR 422 Schuylkill River Bridge (JBC Associates, Inc.) The replacement structure is a 5-span, pre-stressed concrete beam bridge, The completed S.R. 0422 SRB provides a six lane facility with EB and 785' long by 146' wide. Seventy (70) 156-foot-long precast beams had WB auxiliary lanes connecting the reconfigured PA 23 (Valley Forge to be carefully sequenced during restricted daytime delivery times. Road) and PA 363 (Trooper Road) Interchanges.

www.witmanengineers.com

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3417 Main Street P.O. Box 742 CONTACT US Morgantown, PA 19543 610.913.5680 [email protected] FOR A QUOTE!

12 HIGHWAY BUILDER Summer 2021 Engineers Inc. (lead designer) and JBC Associates Inc. (construction manager and inspection agency).

The replacement structure is a five-span, pre-stressed, concrete beam bridge, 785 feet long by 146 feet wide. Seventy 156-foot-long precast beams had to be carefully sequenced during restricted daytime delivery times.

The completed S.R. 0422 SRB provides a six-lane facility with EB and WB auxiliary lanes connecting the reconfigured PA 23 (Valley Forge Road) and PA 363 (Trooper Road) interchanges. LAFAYETTE STREET EXTENSION - SECTION MGN At a final construction cost of $19.5 million, Section MGN is the third phase of a seven-year construction project and $90-million effort led by Montgomery County (PA) to improve access into downtown Norristown and neighboring Plymouth Township. For more than two decades the Lafayette Street Extension Project was supported by every county Improved Norristown Transportation Center Access administration in Montgomery County, recognizing the importance of (Gannett-Fleming, Inc.) this transformative infrastructure project to the economic development A key component of the Lafayette Street Extension Project was enhancing of Norristown, its citizens, and the region. The largest county-led safety for pedestrians at intersections along the entire street corridor and transportation infrastructure project in the Commonwealth, the Lafayette at the Norristown Transportation Center pictured here. Street project improves road and highway access to downtown businesses and provides amenities including a reinvigorated park and trail system along come.” The rebuilding and widening of Lafayette Street clears the way the Schuylkill River waterfront, while enhancing community walkability. for construction of a planned new interchange with the Pennsylvania Turnpike and aligns with future plans for construction of a half- At the core of the project was full-depth reconstruction and widening interchange at U.S. 202 South. of a mile-long portion of Lafayette Street in downtown Norristown and the addition of 13-foot-wide sidewalks next to the new roadway, which Key partners on this project included Montgomery County (owner), was made possible by demolishing a Depression-era concrete railroad FHWA, PENNDOT, the Municipality of Norristown, SEPTA, Gannett viaduct. The roadway creates a visually appealing urban boulevard with Fleming Inc. (lead designer), Allan Myers Inc. (general contractor), two lanes in both directions, a landscaped median, and street-side parking Pennoni Associates Inc. (inspection agency) and JBC Associates Inc. that improves accessibility. Upgrades to the linear park running parallel (construction manager, representing the County of Montgomery). to Lafayette Street include an innovative tiered retaining wall system alongside an unused freight station that can be used for outdoor seating. Safety improvements to roads and bridges funded through Act 89 have Situated at the connection of two popular multi-use trails – the Chester had a direct impact on reducing highway fatalities. Funding of multimodal Valley Trail and Schuylkill River Trail – the park design aligns the station transportation that allows for safe roads and bridges, transit, and mobility with plans for a future community arts and recreation facility. is key to maintaining the quality of life for Pennsylvanians now and in the future. The project delivers significant safety benefits to residents and visitors alike. Reconstructed traffic islands alongside the Norristown Judith M. Bernicker is the director of Business Development at JBC Associates Transportation Center improve access to Southeastern Pennsylvania Inc.; R. Robert Morrison, P.E., is a senior project manager at Urban Engineers Transportation Authority (SEPTA) bus and regional rail service for the Inc.; and Paul T. Linahan, P.E., is a senior project manager at Gannett more than 2,000 travelers who use the multimodal facility daily. Accessible Fleming Inc. crossings at nine Lafayette Street intersections enhance pedestrian travel and safety throughout the corridor.

“The completion of the Lafayette Street project represents forward- thinking government at its finest,” said Dr. Valerie A. Arkoosh, chair of the Montgomery County Board of Commissioners. “The improvements made to support economic revitalization and provide traffic congestion relief along the corridor, paired with upgraded trail and pedestrian connections, will be enjoyed by residents and visitors alike for years to

www.paconstructors.org 13 Feature

Hess Completes Internship with APC – Provides Valuable Data for Association

Andrew Hess spent a good portion of his winter He also researched other states' department of transportation budgets, explicitly looking at their taxing structure and means by which they learning about transportation funding data and raise revenues. He met with other associations across the country consequently became a valuable part of the and different public employees to understand the problems revolving APC team. His efforts provided details on PA around PennDOT funding, which is becoming more of a concern. He participated in several high-level meetings with legislators and Department of Revenue figures for the PA Motor PennDOT officials. License Fund that the APC staff was able to use to follow the developments of the state budget Andy’s educational goals are to complete his Master of Public Administration work and begin a public-sector career. This Internship over the fiscal year. provided practice opportunities for necessary skills within both budgetary and policy analysis and implementation. Along the way, Andy came to APC through Shippensburg University Political Science Andy made some connections within the Harrisburg region and gained Associate Professor Michael Greenberg, with whom the association has exposure to different organizations within other states and nationally had a long-standing professional relationship. with both ARTBA and TRIP.

Andy’s focus for the internship was to deep dive into PennDOT's budget, examining both incoming revenue and outgoing expenditures.

14 HIGHWAY BUILDER Summer 2021 Feature

“It is important to underscore that vital public safety operations from the State Police should still be fully funded and our proposal in no way reduces funding for the State Police,” he emphasized.

Latham noted that the PennDOT construction budget has fallen to a level not seen since 2006. He said removing the State Police budget from the Motor License Fund would enable Pennsylvania to restore the PennDOT bridge and highway program without raising the gas tax.

Latham said a $700 million infusion would support about 9,100 family- sustaining jobs throughout the Commonwealth, based on Federal Highway Administration calculations. A longer-term benefit would be an improved transportation network that would encourage economic PA Voters: growth and improve the quality of life for all Pennsylvanians. The poll was commissioned by APC and conducted by Susquehanna STOP DIVERTING Polling and Research. It was fielded between May 3-11 and totaled 700 Pennsylvania voters, for which the sampling error is +/-3.7% at TRANSPORTATION the 95% confidence level. MONEY FOR Other poll findings show: of respondents believe the condition of Pennsylvania’s roads, OTHER THINGS bridges, and highways is good, while 82% believe they are 16% only fair or poor (only one respondent rated the condition as “excellent”)

believe road conditions have improved in recent years, 27% According to a public opinion poll conducted this believe they have declined, and 42% believe they are about spring: By a ratio of nearly 3-to-1, Pennsylvania voters 26% the same support removing the Pennsylvania State Police from a fund dedicated for highway construction; immediately believe there is definitely or probably adequate funding for making an additional $700 million per year available highways and bridges, while 43% believe there is probably or to build and maintain highways and bridges. 39% definitely not enough

APC utilized the results of the poll to support a robust campaign to end the diversion of revenue earmarked for transportation for non- believe drivers of conventional and electric vehicles should pay transportation purposes – an issue that has vexed Pennsylvania for 74% the same amount in user fees years. Even though the diversions have been reduced in recent years, they still represent 11 cents per gallon of the state gas tax of nearly 60 cents per gallon. believe state and federal lawmakers should make sure highways and bridges are adequately funded “As many Pennsylvanians know, this diverted money has totaled billions 71% of dollars since the early 2000s, and is one of the reasons our highway system is in poor condition,” Robert Latham, executive vice president of To read the complete topline polling results, visit www.paconstructors.org. Associated Pennsylvania Constructors, said. “It’s time to once and for all move the State Police from the Motor License Fund and return to using the liquid fuel taxes and license and registration fees for their intended purpose, which is highway construction.

www.paconstructors.org 15 Feature

CELEBRATING MILESTONES

25 5O YEARS 15O YEARS YEARS 125 1OO YEARS YEARS

Whether a company is celebrating 10 years or 100 years in business, it is a special opportunity to be recognized for professional expertise and best practices. APC is pleased to recognize our members whose businesses have stood the test of time, and we tip our hat to their success.

16 HIGHWAY BUILDER WinterSummer 2019 2021 HIGH STEEL STRUCTURES CELEBRATES 90 YEARS OF BUSINESS

by Rich Truxel, High Steel Structures LLC

2021 marks the 90th anniversary of High Steel Structures LLC, one of North America's largest fabricators of steel bridges and structures. The business started in 1931 when founder Sanford High bought a welding shop in Lancaster, Pa., during the depths of the Great Depression. Since then, family-owned High has expanded into precast concrete, value-added metals distribution, architecture, construction, heavy transport, erection services, commercial and residential real estate, and hotels.

The original headquarters of High Welding Company was located at 23 West Lemon Street in Lancaster, PA.

Over the past nine decades the company has produced steel competition awarded national recognition to High Steel for the Vine superstructures for thousands of bridges, including some of the most Street Expressway (Interstate 676) Bridge Reconstruction Project in iconic structures in the nation, such as the Cooper River Bridge in Philadelphia. In 2018, High Steel was recognized with a merit award Charleston, S.C., the Tappan Zee bridge replacement in New York, and for the Hulton Bridge in Pittsburgh, while winning national recognition the twin Kosciuszko bridges in New York City, to name a few. High for the U.S. Route 340 Bridge in Waynesboro, Va., and the Greenfield Steel also supplies building girders and heavy weldments for skyscraper Arch Bridge in Pittsburgh. The latter project was a replacement structure construction and industrial applications. for an aged concrete arch that 60 Minutes highlighted in a segment stressing the increasing state of repair our nation's infrastructure is facing. “For 90 years, High Steel has remained true to our founder’s vision, following his advice to “Give Good Measure” for our customers and High Steel’s 700+ co-workers fabricate a wide range of complex bridge our community,” said High Steel President John O’Quinn. “We deeply components and heavy building girders, and the company offers bridge appreciate our co-workers and their hard work that continues to shape steel erection, transportation, and emergency bridge repair services. The our success today and in the future.” company also supplies building girders and weldments for construction and industrial applications. An AISC member, High Steel is AISC- In 2020, High Steel, together with W&W | AFCO Steel, was certified and operates three fabrication facilities in Lancaster and one in recognized by the American Institute of Steel Construction (AISC) Williamsport. with a national Prize Bridge Award for its role in fabricating the approach unit superstructure for the Gov. Mario M. Cuomo Bridge Rich Truxel is the vice president between Tarrytown and Nyack in New York state. That year, the biennial of Sales at High Steel Structures LLC.

www.paconstructors.org 17 roads to victory - laying the foundation of security and prosperity for 100 years In this issue, we take a look at how Pennsylvania’s highways and contractors have supported national defense efforts throughout history.

APC Unanimously Pledges All-Out National Defense during WWII (1942 issue)

18 HIGHWAY BUILDER Summer 2021 a century of service to the highway industry

Guy Gun is Appointed to FHWA’s unit of National Defense Executive Reserves (1975 issue)

The PA Turnpike was first used by U.S. Army before opening to the public. Many Turnpike engineers and supervisors went immediately to wartime work after building the Turnpike in just 23 months. (1980 issue)

www.paconstructors.org 19 a century of service to the highway industry

“Roads Feed the Nation” discussed the vital role of highways during war and peacetime. (1945 issue)

20 HIGHWAY BUILDER Summer 2021 a century of service to the highway industry

“Scrap Iron is Gold – Today” urges highway contractors to gather up any and all unused metal to support the war effort. (1942 issue)

www.paconstructors.org 21 a century of service to the highway industry

-Down theRoad OAO BU ROAD BUILDERSDigest 902 By CHARLES M. UPHAM • International Highway Authority Trans-Marine Friendship Highway ROADS TO VICTORY" TO KEYNOTE ARBA MEET D'RIVE to Cuba and Mexico for your countriesinvolved - Mexico, Cuba and Wisconsin Affiliate Stages next vacation. That's a prospect to United States. It would do much to en- Annual Meet "Roads to Victory" will theme note the delight the enthusiastic American courage travel in two of the most inter- The 29th annual convention of the 1942 Convention of the American Road motorist. It will become a reality if plans esting countries of Latin America. Tour- Wisconsin Road Builders Association was Builders' Association in Memphis, Tenn., made at the recent Fourth Pan-Americaa ists would enjoy diversified land and held at the Plankington hotel, Milwauke. the week of March 2. An unusually in- teresting program will feature discussions Highway Congress in Mexico City are occan scencry and, at the same tine, have December 9 10. Speakers included CGov: of defense roads, highway prioritics, fed- consummated. Extension of the Pan the benefit of a short but refreshing sca crnor Julius Heil, Warren G. Bailey of the Office of Production Management, eral aid and planning a post-war road pro- American Highway System from the voyage. The period of longdistanee driv Thomas O'Malley, regional irctor. gram. Experts will oint the way to speed United States to Mexico by way of Cuba ing strain would be considerably lessened. United States Wage and Hour Division American victory through improved high- was proposed at this conclave. The pro- Potential travelers from the castern sea- Hugh M. Jones, state motor-velhicle direc- ways, brid 2es and airports. Entertainnment highlight will be the annual banquet at jccted route will make possible automo- board and northeastern areas of the Unitcd tor, and BurtonF. Miller, eecutive as which Alabama Highway Director Chris bile travel from Florida to Cuba and States have frequenty been deterred from sistant to the ARBA engineer dircctor. Af filiation of the Wisconsin group with the J. Sherlock will be installed to succeed thence to southcrn Mexico, with return visiting Mexico bccause of the prospect of American Road Builders' Association was Ohio Dircctor of Highways IHal G. Sours to the United States via the completelv a long automobile journey to and trom voted at this meeting. as ARBA president. Convention head- paved Pan-American Highway through the interior of Mexico. Å sizeable per- quarters will be the Hotel Peabody. northern Mexico. centage of our citizens have twoweek Preliminary geographic studies have vacations and the shortened period of tra- New England Highway Toll Roads DiscuSsed established a tentative land-water route. vel neceitated by the proposed route Dinner Huge Success Automobile travelers will take a ship-ferry would be a boon to their budgeted time Leaders of the highway profession and By Maine Road Group from Key West, Fla., to Havana, Cuba. and money available lor travel. Joseph T. Sayward, Kennebunk, Me., A steamship line now operates fronm Key Vacationists and commercial travelers industry in the six New England states chaiman, Maine Turnpike Authority, West to Havana, a 6 hour trip covering could enjoy the hospitality and get ac- met for the twentieth Road Builders' Din spoke on toll roads at the December5 90 miles, on Mondays and Thursdays. quaintcd with two of the most colorful ner at the Hotel Statler, Boston, Decem- meeting of the Maine Good Roads As- Passenger fare is $12 one way, while the Pan-American nations. The stimulating ber 8. It was the largest in the history of sociation at the Falmouth hotel, Portland. llinols Govornor Dwight H. Grecn, dosctibad aảminsiration plans for rcad modernizalon at rate per car is $15. From IHavana, travel: novelty of a water trip on the Gulf of the New England Road Builders' Associa- Other speakers were William T. Staats, tho Novombor 13 banquot of tho Illinois Road Buildors Association. Picturod, lot to right, ers could drive to Guane at the tip of Mexico would be another bencfit. Mexi- assistant to the Pennsylvania Turnpike aro IRBA Past Prosicent Horbort R. Andorson. Prosident Otlo A. Milburn, Governcr Groen southwestern Cuba, a distance of 156 can travelers could reach the south-eastern tion, with an attendance totaling 1,700. Commission chairnan; Bernard E. Gray, and IRBA Exocutivo Secrotary Taylor G. Sopor. miles. At Guane they would again board section of the U. S. quickly and at the Resolutions of loyaly and support to the Asphalt Institute chief engineer, and a ship-ferry with their vehicles and be same time enjoy the good fellowship of national and state administrations were Roy L. Fernald, former state senator. S. transported to Puerto Morelos, across the their Pan American neighlor, Cuba. The unanimously adopted. Among honor Arthur Paul, Portland attorney, servedas New York Contractors Hold Governor Green Speaks To Gulf of Mexico, l60 miles by water from opening of the picturesque Yucatan pen- guests were Maine State Highway Com toastmaster. A motion picture was shown Illinois Road Builders Guane. After debarking at Puerto Morelos insula would add to the attractions that of the trip of the Maine Turnpike Author- 16th Convention "The Role of Roads in National De- missioner George C. Lord, J. H. Johnson, on the Yucatan coast of Mexico, they invite United States tourists. ity delegation over the Pennsylvania Sixteenth annual convention of the fense - and What of the Future?" was the could drive 75 miles westward to Tizimin The extension of bus service from assistant commissioner, and Daniel H Turnpike: New York State Highway Chapter, Inc., theme of the fourth annual fall meeting through to Chichen Itza, site of the Mexico City to Puerto Moreles and from Dickinson, chief engineer, New Hamp- was held at the IHotel Syracuse, Syrucuse, and dinner of the llinois Road Builders' famous ruins of the Mayans. Fron this Guane to Havana would enable travelers shire State Highway Department; W. F. December 3-4. Spcakers wvere Harvey Association at the Palmer Ilouse, Chicag, Road Commissioners Hear November 13. Banquet speaker was point the proposed route continues whodo not ownautomobiles to travel con Corrv, chairman, Vermont State High Schermerhorn, state highway comnis- Governor Dwight H. Green, who pro- through Hopelchen to San Cristobal and veniently between Mexco, Cuba and the way Board: Herman A. MacDonald, com Van Wagoner sioner: H1. E. Foreman, managing direc thence to Oaxaca and Mexico City over a United States. Hitherto, due to inadequate Governor Murray D. Van Wagoner of tor, Associated General Contractors; A. E. mised planning and construction for state highway now under construction. transportation facilities, the archeolopical missioner; George W. Schryver, associate NMichigan, past president, American Road Horst, Philadelphia contractor: Lieuten- road modernization. The luncheon-meet- An 'alternative route envisages travel and historical gold mine which is Yucatan commissioner, and R. W. Cobum, chief Builders' Association, was main speaker ant-Coloncl A. B. Jones, corps of ing was addressed by Walter A. Roen- from Key West to Havana, with ship has been closed to vacationists. Only engineer, Masachusetts Department of at the fifth annualconvention of the engineers, St. Lawrence Biver District; H. field, new state director of public works ferry service to transport travelers and scientists and expedition groups have had Public Works: o. D. Fellows, chie Southern lichigan Road Commissions at K.°Bishop, Unitcd States Publie Roads and buildings. A highway "Information Lansing, Decenmber 2-3. "So You Think Adninistration; William Robinson, dis Please" featured a gruup of experts who automobiles to Progreso on the Yucatan the opportunity to gaze upon the im- coast. From Progreso, the route would pressive remains of civilizations which engineer, Massachusetts State Planning You're Peculiar, To0?" was the theme of riet engincer, state department of pub answered questions submitted by tlhe audi- include Merida, IHopelchen, San Crista- were old when Columbus discovered the Board; Mlayor Robert A. Perkins of Mel an address by Professor E. A. McFaul, lic works: william Dwyer, president, New ence. On the panel were B. E. Mler, bal, Oaxaca ond Mexico City. Realization New W'orld. Cuba, as the central point in rose, Mass; Fred L. Jackson, president public relations departıment, Industrial York State County Superintendents of executive assist. to the ARBA engincer- National Bank of Detroit. Other speakers Highways Association; Major Kenneth D. director; Ray T. Devereaux, principal of these programs depends only on the the peaceful travel axis, would bencfit Massachusetts State Engincers Association; were State Highway Commissioner G. Nichols, projeet engincer, Rome Air assist. engincer, Chicago bureau of sts.: ofinstallationtheseprogramsof lowcostdependsship-ferryonly onservicethe cco ll andeulturallythroughthe George H.Henderson,chiet higne wa Donald Kennedy, Auditor-Gencral Ver Depot, and Heber Ashley, president, New Harry \W. Lochner, asist. chief highway over the two comparatively short water influx of tourists from Mexico and the engineer, Rhode Island Department of engincer, Cook Co. lighway Dept., and journeys and the extension and improve- United States. This new extension of the Public Works Division of Roads non J. Brown, Louis Webber, executive York Association of Highway Engneets. R. H. IHarrison, asist. engineer, regional ment of roads in the Yucatan area of "good neighbor" road would wedoe still Public Works Division of Roads and director, Michigan Association of Road Presiding officers were Chapter President office, P. R. A. C. M. Hathaway, con- another link in the chain of friendship Bridges, and ARBA Engineer Director Commissioners and EngineerS, and John Mexico. G Jacoby, attorney, Wayne County Road Dwight W. \Winkelman and A. B. struction engineer, IlI. division of high- This trans-marine bighway system and mutual interest that unites the na- Charles M. Upham. Entertainment in- Commission Collins. ways, served as master of ceremonies. would have many advantages for the three tions of the Western Hemisphere. cluded acts by leading night-club stars. JANUARY, 1942 11 10 HICHWAY BUILDER

Roads to Victory’ to Keynote ARBA Meeting” outlines the 1942 ARBA convention program which included discussions on “defense roads, highway priorities, federal aid and planning a post-war road program.” (1942 issue)

operators in the care of tires. Points to be brought out are Editorial Comment proper tire inflation, abstaining from excessspeed and uncalled 3000 GALLON for braking effort and protection of the tires from sidewall Bantam Pump blows. tho first. Judging however, by the experience of invaded Attention to these details may well result in keeping WEIGHS countries a net work of fine military highways, adequate both ONLY Associated Pennsylvania Constructors valuable pieces of equipment in operation. No amount of ia rumber, capacity and strength to supply all the essential persuasive eloquence to a rationing officer will overcome the 52 LBS. military and civilian services, can conceivably be the ultimate COMPLETE sobering fact that there is just not enough rubber to go around Third and State Harisburg instrument of preserving our freedom right here on tha WITH Certainly the armed forces will come first, as they should, and home front. ENGINE Stroets Ponnsylvania construction men will be required to take their turn. How A contractor therefore who puts every ounce of his energy far off that turn might be no one can say. And do not forget, FASTEST JAMES J. SKELLY, Prosidont A. E. OʻBRIEN, Executivo Socrotary into constructing American highways as quickly and as econo- James).Skelly Co., Inc. Harrisburg, Ponnsylvania liquidated damages have a way of mounting into considerable PRIMINC mically as possible may therefore well be in the vanguard for JAEGER "SURE H.D Pennsylv c, Å. H. COON, Treasuror money ,icoProsident Prosidont B. G. Conn Const. Co. the National defense of his country. We know of course that APBIG PRIME" PUMPS Collins Luzorne, Ponnsylvanıa LCHT Primofaster.pump full volumo. pump Easton, Pennsylvanta there are many voices both in government and in the daily pres --APC--- Keeping posted on new developments is a duty which PUMP ON morohours.14"2" 3".4 6, 8 W. C. M, BUTLER, Chaitman, Executtvo Committee 10":capacities to240.000G.P.H. clamoring for reduction in highway appropriations. Supporting confronts any member of an industry who intends to make MARKET Di hila. and ConstructionCompcIny Haloion P ng. their demands they point to the obvious neced for the construc Highway Equip. Co Pittuburghi John himself as valuable as posible to FSteiner.Eie tion of more and more war material so urgently necded at our GOVERNORS his organization. This responsi- To Sorvo Until 1942 outposts. We do not dispute the urgent need for these mater- bility applies in a marked degree HERMAN RIEBE C. W. GOOD, ials but we do say that these materials and highways can be Keeping to highway constructors, for there Charles Riobo, Lansford C. W. Good, Lancastor, Pa. concurrently supplied; that with intelligent planning their To Servo Iot Posted are so many new developments There is neither time for, nor advantage to be gained in MORGAN COUSLER EDWARD A. DAYLOR, simultaneous prcduction can be co-ordinated without the least and techniques being currently substituting any other device or system. The men and organi- Coatesvillo, Ponnsylvania York, Pennsylvania interference to either. The men who produce highways are cffected. It is almost true to say zations which have risen to the top of American industry are neither by training nor by skill adapted to the production of ADVISORY BOARD that being uninfoned of them is tentamount to being your there today because of their ability to produce. Production JAMES T. SWEENEY, Chairman Advisory Board planes, guns or tanks sclf unuseful. today is the only vatchword we should know. Certainly we NORMAN A .Prosidont, Swoonoy Brothors, erenon; Pe An argument frequently heard against highway construc- Those of us who have had the privilege of receiving do not have to strain our memories to recall the pitiful pro- WM.VIALL, Poffor6 Viall, Lobanon,Ponnaylvania tion is that the battleficlds and mancuvers are in distant lands formal technical education have witnessed our industry develop duction record of relief agencies which to all visible evidence WRWo AoN, Goorgo1.ThompsonCo.,Cloarfiold,P. and not on our shores. With all due respect to the imposing new sciences which were not even in the curriculum of a spurned the tenets of modern industry. Of all times in our HUTCHINSON.Mt. Union, Ponnsylvanta quarter century ago. Such a science is Traffic Engincering. history there is not room now for paternalistic crackpots. A.L. RUPP. Kitanning, Ponnsylvania position now occupied by many of the exponents of this theory, on Company, Carnogio, Pennsylvania we point out that this war has dissipated more time honored Elsewhere in this issue a book written by Maxwell Halsey on .2 MACK,3rd,Preb.UnionPavingCompany Phladoiphia,Pa. We nced realists in control of our production. Men who theories and ejected more brass hats from high places due to traffic is reviewed. Maxwell Halsey is an Associate Director understand organization, schedules, production and distribution. REGIONAL VICE PRESIDENTS the fallacy of just such generally accepted dictums. for the Bureau for Street Traffic Rescarch at Yale University W. L. DUNN ADAM EIDEMILLER A most heartening sign to Americans here at home and abroad In support of our contention that time honored dictums and he is a recognized National authority on Traffic. Hle is Dintriet on, Pa. Srongbg, Pa. also a member of the Board of Directors of Public Relations will be the giving back to industry of its direction and our APBALEY HOWARD BROWN have been blasted by this war, ve list the fallacy of the stable government's full co-operation with it, so that ships, guns, White, Division of the American Road Builders' Association. We clion Co Inc. front as exampled by the failure of the Mlaginot line; the failure planes and tanks will come from America's assembly lines to Philipsburg, Pa. Lobanon, Pa. recommend Mr. Halsey's book to any engineer who wishes to District .Diatrict Five of old time tactics against the blitz of armored vehicles and of UL be brought up to date on the subject of Traffic Engincering. supplement the valor of our armed forces. H B. Sproul Const. Co Mcck Paving and Construction Co rapid movement; finally the vulnerability of the heaviest and Scranton, Pa. Philcdolphia, Pa newest naval units to air attack as exampled by the recent District Threo District Six sinking of the Prince of Wales and Repulse. APC- Now on these setbacks we have the unpleasant considera- Commenting on the current Philippine campaign a hard- tion of the proposition that possilbly our far Pacific outposts are bitten United States Cavalry Colonel speaking of the Japanese Momentous events have occurred during the past month. not outposts after all, and that we may possibly be dispossessed troops said, "We licked the pants off them three times and Our country is now at war with Japan as a result of the of them. This brings up the alternative and the possibility of were beaten only by their tanks and planes.' treacherous surprise attack on Pearl Harbor. While our con- fighting on our own shores. If and when this eventuality Soberly evaluating the Colonel's words we must squarelv Plan On Atending vention was in sesion, war was also declared on Germany and occurs, it will be little comfort to us to dismiss a brass hat for face the undeniable fact that courage and stubborn defense are Italy. The issues now are clearly drawn. There can now be arother error in judgment. Rather the roads and the highways no match for mechanized war no question of policy in America. We are pledged and The which we have constructed against such an cventuality will equipment. And so America dedicated to the task of defeating Hitler and only all-out be a great and lasting comfort to us. Victory Requires todavfaces achallenge.The measures to attain that end will suffice. --- APC challenge is not to its bravery The highway construction industry, as indeed every other Starting January 5, rubber has been rationed. Highway Industrial or to its ability to sacrifice and American industry, must direct its energies and its substance toward the contractors will be seriously affected. Used or recapped tires if needs be to dic for its ideals: attainment of that end. We do not fit the rugged requirements for service on constructio Leadership it faces a challenge to its must fit into the war pattern trucks. Tires on construction machinery can not be renewed ability to outstrip in industrial Road Builder's and the sooner we do it the and will require replacement. production the Totalitarian Powers who are banded against it. Contractors better it will be both for our From the standpoint of purely personal advantage, entirely This brings us to a consideration of just how industrial selves and for our country. There aside from the desirable feature of conserving a strategic production is achieved. In Germany the Nazis have used the Assume Role are two principal avenues open Convention material, contractors will do well instrumentality of cartels which have bcen functioning since to us. they came to power. In Italy Fascist domination of industry In War Effort The first is obvious. It is to to take positive action now which is semi-private, semi-state and has been functioning for the At associate ourselves directly with Rubber will increase the life of their rubber tires. Construction men last twenty years. Mussolini is using this method for his in- war construction. By training and experience our organizations are peculiarly fitted to aid in the construction of airports, Conservation are familiar with the terrific dustrial production. punishment taken by carryall and landing fields, military roads, across roads, etc. For America there can be only one choice of the vehicle Memphis, Tenn. dumptor tires traveling over to be used. That method has been in operation since the The second avenue, while not quite as obvious and broad rough and rocky grades. It is possible that contractors will founding of the Republic. It has been variously called private as the first, is nevertheless cqually essential to the war effort receive rich dividends by placing an additional blade grader on enterprise, private initiative or simply industry. Industry March 2, 3, 4, 1942 It consists in the construction of nany miles of strategic high grades over which embankment fills must pass. Probably the means the combination of executive direction, management and ways, the improvement of which the present "blitzes" have greatest return in added rubber mileage will be obtained by inance, the coordination of which has made America today proven to be so essential. This avenue is not as spectacular as personally instructing superintendents, foremen and cquipment the greatest of all industrial Nations.

9 HICHWAY BUILDER JANUARY, 1942

22 HIGHWAY BUILDER Summer 2021 a century of service to the highway industry

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www.paconstructors.org 23 Feature

2021 Construction Innovation Conference a Virtual Success

Over the course of two half-days in mid-April, nearly 300 attendees logged-in from their home or office to participate in the Virtual APC/ PennDOT/Pennsylvania Turnpike Commission Construction Innovation Conference. Registered attendees had access to in-depth sessions on Augmented Reality, Fiber Optic Network, Work Zone Safety, Digital Transformation, Modernizing and Evolving Customer Communications, and Digital Transportation Strategies led by transportation technical experts.

Thank you to all who attended, and to this year’s speakers for some very interesting presentations and engaging conversations.

APC President Chuck Neiderriter (left) kicks off the Innovation Conference and hands it to APC Technical Director Aaron Hoover to moderate the first presentation.

Heather Heeter & Walt Stout, with Borton-Lawson, answer audience Q&A following their presentation on Leveraging Technology to Optimize Operations.

Sebastien Wickert, with Colas Inc., presents on Digital Transformation in Construction.

We look forward to seeing everyone again, hopefully in person, on April 19 Save the Date! and 20, 2022 at the Penn Stater Hotel & Conference Center in State College.

24 HIGHWAY BUILDER Summer 2021 Thank you to our Annual Partners and Conference Pioneer Sponsors!

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www.paconstructors.org 25 2021 Construction Innovation Conference Workshop Spotlight:

Utilizing Augmented Reality to Enhance Project Project Delivery will be teaming up with Engineering District 11 in the Pittsburgh region to pilot use of a HoloLens attached to a hardhat Collaboration to increase communications, take site photos and videos to share with by Kelly Barber, P.E., & Nicholas Shrawder, PennDOT fellow team members offsite.

The Pennsylvania Department of Transportation (PennDOT) is The District will be utilizing this device with a conferencing platform exploring the potential of Augmented Reality (AR) within the for bridge inspection, construction inspection, design field views, and transportation industry. We all can agree that this past year was not material testing. The platform will allow for teams to share site plans live “business as usual.” Departments of transportation, contractors, with multiple entities. If a conflict arises, key individuals will be able to and consultant business partners all adapted to the ever-changing join the conference and visually see what needs to be addressed. This all requirements and needs of the time. One area of focus for all teams was will be accomplished with a hands-free device in the field. Individuals effective collaboration and communication from the field to the office. wearing the device will be able to see where they are going, as the images being displayed on The Department received funds through the Federal Highway their screen will not block their Administration's (FHWA) State Transportation Innovation Council (STIC) line of site. to pilot the usage of AR in transportation. A steering committee was formed with members from the American Council of Engineering Companies In addition to the of PA (ACEC/PA), Associated Pennsylvania Constructors (APC), STIC AR efforts, FHWA, and Department staff - both district and Central Office, covering the Department is construction, design, and maintenance areas. The committee held a kick-off also utilizing the meeting in fall of 2020 with a handful of knowledge-sharing sessions. aforementioned technology for In coordination with ACEC/PA, current consultant practices for project remote visual visualization, and other tools in their toolbox were shared. As the inspection on Department continues its march towards Digital Delivery Directive in the I-95 Betsy 2025, project rapid visualization will be key in communicating with the Ross project public and planning organizations throughout the life of the project. in PennDOT Rapid visualization will bring the project to life using a 3D model of the Engineering District 6. area with real-time look and feel of the project site. The project-specific special provision In addition to rapid visualization, other key components of AR include required the ability to the ability to bring the field to the office. PennDOT’s Bureau of assess the feasibility of

Bridging the gap between idea + achievement

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26 HIGHWAY BUILDER Summer 2021 PROVIDING A FULL CONTINUUM OF INNOVATIVE SERVICES TO RESTORE AND ENHANCE remotely inspecting fabricated structural steel and ultimately other OUR NATION’S INFRASTRUCTURE construction activities.

The technology was programmed for use on a single structure being fabricated by High Steel Structures located in Lancaster, Pa. Included are 30 built-up plate girder cross frames, painting, and other fabricated members associated with this bridge structure. The technology will be used from start to finish during the fabrication process to capture all activities of fabrication to some degree.

The Remote Visual Inspection system selected by the fabricator is a “realware” headset that can be worn banded to the head as you would see in a laboratory setting or attached via OSHA-compliant connections to a hardhat for construction and fabrication. The headset tethers to a dedicated phone, acting as a hub for connecting to either a Wi-Fi or cellular network. The headset includes an integrated camera, flashlight, heads-up display screen, and microphone for communication.

The system is capable of live-streaming communications with remote individuals via an online conferencing/collaboration MBAKERINTL.COM platform. This platform accommodates as many individuals as required by means of sharing an access link. Once admitted to the conferencing collaboration platform, individuals will be able to directly communicate with an inspector and share documents through the heads-up display. The system also allows for photo capturing or recording of video for either project records or future training needs.

One of the key benefits to the Department through use of this system is reduced travel for project managers and the ability for them to access multiple project sites in a days’ time. The system allows for increased productivity by quickly gaining an understanding of issues by seeing exactly what an inspector sees in real-time. This eliminates, to some degree, the back-and-forth photos, phone calls and emails required to gain a full understanding of an issue.

The Department continues to look for opportunities to apply AR technologies and other advancements to assist in the delivery of projects. As PennDOT marches towards Digital Delivery Directive 2025 expect additional toolsets and collaboration with industry to make the model deliverable a reality.

Kelly Barber, P.E. is the chief of the Systems Management Section in PennDOT’s Bureau of Project Delivery. Nick Shrawder is a civil engineer at PennDOT working in the Bridge Design and Technology Division, Structural Materials Section.

www.paconstructors.org 27 LEGAL Update

Dealing with Unexpected Material Shortages and Price Increases by James W. Kutz, Esquire, McNees, Wallace & Nurick LLC

adverse impact on production, and accordingly language, and risk either non-delivery and/ the supply chain. Additionally, others theorize or bankrupting those down the chain of that specific products have been impacted contractual privity. Alternatively, the contractor by such things as the Texas ice storm, tariffs, can bite the bullet and pay the extra costs, and and fires at certain plants impacting specific thus hopefully obviate any delays to the overall items. It is unknown when, or if, a full-market project, but will likely find that it is difficult correction will occur. to recover those costs from the owner. Prime contractors also face significant damages for The impact of material shortages and price delay in the event of untimely deliveries. increases is not hard to predict. When Calendar year 2020 presented unprecedented prime contractors cannot get materials in a Finally, the owner is not risk-free under such challenges for highway contractors in timely fashion the overall project is delayed, circumstances as well. Public owners that hold Pennsylvania, as they faced not only directed which creates a dispute between the owner firm to their position that market fluctuations shutdowns due to the COVID-19 pandemic and the prime contractor. Similarly, when are simply a risk of doing business will run but also had to implement unprecedented a manufacturer takes the position that it the risk of significant project delays and/ safety measures and otherwise absorb the can increase prices notwithstanding prior or could face large claims from not only the impacts of the pandemic. Unfortunately, specific agreements, there will invariably be prime contractor, but those submitting claims calendar year 2021 has presented similar disputes between manufacturers and suppliers, to the prime contractor as well. By taking a unprecedented challenges, as the industry between suppliers and subcontractors, and firm position, an owner could also run the faces significant material shortages, which ultimately between suppliers/subcontractors risk of bankrupting those least able to incur has resulted in materials being delivered and prime contractors. Each entity in the cost increases, which ultimately could result very late to projects, and has also resulted chain of contractual privity faces a significant in project delays. In most cases the owner in drastic price increases to obtain raw risk as a result of these issues. Suppliers are will almost certainly take the position that materials. In addition to the material faced with the conundrum of either suffering the contract price should not be renegotiated shortages and price increases, the industry is financial harm if they deliver materials for the due to industry fluctuations. For PennDOT also facing significant labor shortages. contracted price or taking a significant risk contracts, the department also will likely point to the extent they breach existing agreements to the other escalation clauses in the contract The exact causes of the unavailability of and/or refuse to deliver materials, which then (such as the diesel fuel adjustment, asphalt materials and drastic price increases are the causes the prime contractor consequential adjustment, etc.), and take the position that subject of some debate. Many believe that damages and/or liquidated damages due to no price increase is warranted for any other the highway industry is simply experiencing project delay. Ultimately, a decision from a increases. the long-term effects of the pandemic, which supplier to insist on a much higher price for a caused many factories/plants to either shut specific material could result in a dispute that Faced with such uncertain issues, all parties down and/or drastically cut back production in subjects the supplier to a far greater liability. involved should carefully evaluate their 2020, which has caused a ripple effect in terms respective legal positions. The first place of available materials in 2021. Others point to Similarly, prime contractors also are faced with to start is to evaluate the relevant contract government action relating to the pandemic, a difficult dilemma. To the extent that prime documents and determine whether such such as providing sufficiently generous contractors are asked to pay more for materials risks are allocated through escalation clauses unemployment benefits that created an than the cost they included in their bids, prime or otherwise. Contract clauses to consider incentive not to return to work, which had an contractors can hold firm based on contractual include: : (1) a force majeure clause, (2)

28 HIGHWAY BUILDER Summer 2021 contract escalation clauses, (3) change-order clauses for steel, asphalt, and diesel fuel. essentially provides that either a delay clauses, and (4) “government action” clauses. However, it is likely that private-sector prime in delivery or non-delivery by the entity For example, a standard “government action” contracts, as well as all types of subcontracts contractually responsible for such a clause may protect a contractor, subcontractor, and purchase orders related to material delivery is not a breach of contract if the or supplier if the contract provides for a supplies, may contain several of the clauses previously agreed-to performance has been change-order in the event there is government referenced above. It is important to note that made impracticable by the occurrence of a action that increases the cost of the contract. most such “relief ” clauses will serve to excuse contingency, the non-occurrence of which Under the present circumstances, those seeking performance of the contract rather than was a basic assumption on which the contract to invoke the protections of such clauses provide compensation for the price increase. was made. In the case of materials that have will face an uphill battle to demonstrate that undergone drastic price increases and/or are it was government action arising from the In addition to evaluating the risk allocation not readily available, a contractor or a supplier pandemic that caused the material shortages/ of material shortages and/or escalation in the could argue that the “contingency” that price increases. That will require, for example, contract documents, there are also multiple occurred, which made delivery impracticable, investigating shutdown orders, evaluating legal theories that could potentially help was, for example, a global pandemic that business restrictions in each state, analyzing members of the highway industry either have caused an industry shortage that resulted in a unemployment benefits, etc., to definitively performance of a contract excused due to drastic increase in price for certain materials. demonstrate cause and effect. large price increases, etc., or in some cases Thus, the “contingency” at issue would be wild provide compensation for such increases. The market fluctuations caused by either a force For PennDOT contracts, the Form 408 three legal doctrines include: (1) commercial majeure or government action. The second Specifications are largely devoid of specific impracticability, (2) frustration of purpose, and prong of the commercial impracticability clauses that address overall material escalation (3) impossibility of performance. analysis involves whether the nonoccurrence other than the item-specific price escalation The doctrine of commercial impracticability of such contingency was a basic assumption

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www.paconstructors.org 29 on which the contract was made. It is that would deprive a supplier or contractor of 1980. In the first case, (Frank B. Bozzo v. part of the analysis that may prove more anticipated profit is typically not enough to Electric Weld Division of Fort Pitt Bridge difficult for contractors or suppliers to meet. show impracticability. Rather, a party seeking Division), the Pennsylvania Supreme Court Those attempting to have performance to excuse performance must not only show a ruled against a material supplier on a highway excused due to such price increases, and/or loss, but also must prove that the loss would construction project in Elk County. Bozzo, those seeking compensation for such price be especially severe and unreasonable. Thus, the prime contractor, bid a three-season increases, would have to demonstrate that the availability of the doctrine of commercial construction project, and Electric Weld the non-occurrence of significant market impracticability to contractors, subcontractors, Division, a subcontractor, quoted the steel fluctuations and/or availability of materials was and suppliers will be largely dependent on the mesh and steel accessories for the project. a basic assumption on which the contract was facts of each individual situation. During the second year of the project, there made. Such a showing is more difficult than was a significant shortage of steel mesh, and showing the impracticability of performance The doctrine of frustration of purpose Electric Weld could not meet the delivery based on the occurrence of some contingency, is related to the doctrine of commercial dates, and ultimately a jury found in Bozzo’s as market fluctuations are often present, impracticability, and serves to discharge a favor and awarded damages due to the and any legal challenge would necessitate a party’s duty to perform a contract where “its delay caused by the failure of the delivery. thorough and factual inquiry as to how much principal purpose is substantially frustrated Electric Weld argued that performance was of a market fluctuation goes beyond a basic by the occurrence of a supervening event.” commercially impracticable, and that it had assumption on which the contract was made. Once again, the case law is clear that it is not no control over the production of mesh by its A contractor will have a stronger argument enough to demonstrate that the transaction supplier, U.S. Steel, and that its only obligation if material is simply not available, as typically becomes less profitable or even that the party was to seek delivery from U.S. Steel. The availability of materials is a basic assumption will sustain a loss, but the frustration must Court rejected the supplier’s argument, and on which a contract was made, particularly if be so substantial and so severe that it is not held Electric Weld responsible for Bozzo’s those materials are listed on a specific list of fairly to be regarded as within the risk that the consequential damages. This case demonstrates approved suppliers. party assumed under the contract. Invoking the risk involved of a material supplier or the doctrine of frustration of purpose usually subcontractor simply refusing to provide The case law interpreting commercial carries a higher burden than invoking the materials at a contract price and/or delaying impracticability claims makes it clear that doctrine of commercial impracticability, but it delivery of materials. commercial impracticability is only available to is one other legal argument that a contractor, excuse performance in extreme circumstances. subcontractor, or supplier may consider The second relevant decision from 1980 is a The mere fact that performance of a contract invoking in extraordinary circumstances. federal court case (ALCOA v. Essex Group Inc.) which dealt with the supply agreement Finally, the doctrine of impossibility of that dated back to 1967. That original performance could also serve to excuse agreement, plus a subsequent amendment performance. This legal theory is something thereto, contemplated that Essex would that is rarely invoked, and can only be utilized supply ALCOA with an alumina product when an event occurs that is completely that ALCOA would subsequently convert outside the control of the parties to a contract into molten aluminum, which Essex would that literally renders performance of the then pick up for further processing. The contract impossible. For example, if a particular contract was to run until 1983, and contained a material is specified, and there is no substitute complex formula for payment, which was tied Comprehensive transportation material, and that material may not be available to three industry indices related to the cost of solutions spanning the life cycle for years, performance of a contract as written labor. Unfortunately, in 1973 OPEC actions of project delivery. is rendered impossible, and a contractor’s ultimately caused severe increases in oil prices Program/Construction Management performance may be excused. Once again, such and unanticipated pollution control costs, Planning | Engineering situations rarely occur. which greatly increased ALCOA’s electricity Tolling Implementation costs. The indices previously agreed to by the Advanced Mobility While there is not a large body of case law parties did not consider non-labor costs, and in Pennsylvania to demonstrate when these ALCOA presented testimony that it stood to www. .com doctrines may be invoked, it is helpful to lose in excess of $75 million over the course of briefly consider two cases, both decided in the contract.

30 HIGHWAY BUILDER Summer 2021 Interestingly, ALCOA not only sought to such compensation is only available in as to justify a change-order. While contractors have performance excused, but sought to extraordinary circumstances. can submit pass-through claims on behalf of have the contract “reformed” to change the their subcontractors, contractors will face an payment terms to help compensate for its The bottom line is that while there are uphill battle in recovering monies from the losses. The Court reviewed the doctrines of legal theories that might help those in the public owner. commercial impracticability and frustration of highway industry to either have performance purpose, and agreed that ALCOA had suffered excused and/or recover compensation due to One final course of action that parties can a sufficient hardship, and that there was a drastic price increases or material shortages, consider in extreme circumstances is to have supervening event that rendered performance there is a clear risk of non-recovery, and all their contractual rights determined by a court. impracticable. Rather than merely excusing parties must weigh their contractual risk A declaratory judgment action is a remedy ALCOA’s performance, the Court then carefully after evaluating their individual that parties to a contract may use to have a fashioned a remedy under which it did not void contractual relationships. When faced with court declare their contractual rights. Given the contract, but rather awarded appropriate such situations, it is incumbent on all of those the uncertainty and cost of litigation, such restitution to ALCOA in a form of a price in the contractual train of privity to provide a step must be carefully considered, but it is modification that did not necessarily assure regular notice of the escalation, so that it can a potential remedy available to contractors, ALCOA of a profit, but served to minimize ultimately be provided to the owner. It will subcontractors, and suppliers. Ultimately, the is losses. The ALCOA case is an example of also be incumbent on those firms alleging best solution is a negotiated solution where how there are circumstances in that a prime a shortage of materials, or address the price each party shares some of the pain of the contractor can recover compensation in the increase to demonstrate sufficient proof of such extraordinary circumstances the event of wild market fluctuations. However, shortage of materials or price increases such industry is facing.

www.paconstructors.org 31 Submit news about your company to Kimberly Maiolo via email at [email protected]

LDG Names VP of Transportation Larson Design Group (LDG) is pleased to announce a key change in the leadership of its Transportation Group. Joe Romano IV has transitioned into the role of Vice President of Transportation following the retirement of Stevan Wilver , who leaves LDG after 29 years. HCCA Recognizes Wagman Heavy Civil with Awards Romano, who joined LDG in 2014, moves of Excellence Joe Romano into his new role after four years as Director of Highway Design, where he leveraged a balanced mix of technical knowledge and strong interpersonal skills to ensure successful results for his clients in fields such as highway and bridge design; federal, state and municipal services; traffic analysis; construction administration; and inspections.

As VP of Transportation, Romano will maintain and expand upon the excellent professional relationships that have made LDG a go-to firm for innovative, award-winning transportation projects, and will guide the firm’s professional and technical teams that specialize in bridge design, bridge safety inspections, bridge maintenance, highway design and construction inspection/management. Wagman Heavy Civil Inc. was recognized by Heavy Construction Contractors Association (HCCA) during its annual Excellence in Infrastructure Awards and Safety Awards for it’s Interstate 270 at Urban Engineers Opens Montgomery County Office Watkins Mill Road Interchange Project in Montgomery County, Md. Urban Engineers has opened an office in Wayne. This strategic office The project received the Excellence in Infrastructure Award in the location will allow Urban staff to more conveniently provide superior category over $15 million and the Contractor Safety Award in the service to Montgomery County-based clients. The address of the category of 500,000-1 million man hours.. office is:

The $92 million, I-270 at Watkins Mill Road Interchange Project Urban Engineers, Inc. for the Maryland State Highway Administration relieves congestion 151 S. Warner Rd. • Wayne, PA 19087 on one of Montgomery County’s most-congested corridors.

Construction included a new interchange on I-270 consisting of The Montgomery County office will be managed by Urban Associate 14 structures, including a five-span bridge over I-270 and a two- V.P. Jennifer Waters, PE, LEED AP, who also serves as office manager span bridge along an off-ramp. Despite COVID-19, the project was for the firm’s Philadelphia headquarters. The firm has been involved completed safely and ahead of schedule in mid-2020, at which time with many projects located in Montgomery County, including those MDOT SHA held its first-ever, virtual ribbon-cutting ceremony. for the Pennsylvania Turnpike Commission, PennDOT District 6-0, Norfolk Southern, townships within the county, and the county itself. The firm dedicated more than 10 years to the U.S. 422 Schuylkill River Bridge project, which was recently recognized as a Project of the Year.

32 HIGHWAY BUILDER Summer 2021 LDG, Bradford County Hold Ribbon Cutting for are repaired or replaced concurrently. Bundling the work creates Award-Winning Bridge Bundle efficiencies and thereby reduces the costs of design and construction. The Larson Design Group (LDG) Bridge Design team recently The ribbon-cutting held in Tuscarora Township represented more celebrated its work on eight bridges in Bradford County, holding a than the re-opening of another important county bridge, or even the ribbon-cutting ceremony with Bradford County Commissioners and completion of all eight projects in the bundle. Bradford County owns Susquehanna Valley Construction Corporation in Tuscarora Township 52 bridges, and these eight resulted in providing a: at the Edinger Hill Road Bridge over Fargo Creek.

• 34% reduction in the number of poor condition bridges in the county The goal of the projects was to replace substandard or poor condition • Bridge crossing where a bridge had collapsed or washed out and structures with new bridges. Bradford County’s aging bridge removed a longer detour at County Bridge 11 inventory had a number of bridges in need of replacement, which was • Bridge crossings that allowed for townships to cross the new bridge significantly affecting the movement of legal loads, emergency services, with plow trucks in winter and the traveling public. Using 100% Act 13 Impact Fees, Bradford • Bridge crossings for local school districts and residents that allowed County replaced these key pieces of the county bridge inventory at a school buses to cross without worry of a weight limit time when traditional bridge replacement funding sources are limited. • Improved hydraulic openings at all structures to help mitigate the effects of future flooding The projects were the result of a process known as “bridge bundling,” in which several county-owned bridges classified to be in poor condition

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www.paconstructors.org 33 WTS International Names Urban Engineer’s Martsolf Gunn-Mowery Sr. VP Retires to Committee on Diversity, Equity, Inclusion Gunn-Mowery announced the retirement of Gary Harshbarger, Urban Engineers announced that Carol senior vice president, after 30 years of employment at and 52 years Martsolf, PE, PMP, CPTD, LEED AP, total in the insurance industry as of May 1, 2021. has been named to WTS International’s Committee on Diversity, Equity, and Harshbarger began his career in the Insurance Industry with Aetna Inclusion. Martsolf serves as the chief as a Commercial Insurance Representative prior to becoming an learning officer and vice president in independent agent in 1980. Harshbarger joined the Gunn-Mowery Urban’s Philadelphia headquarters. team in 1992. Over the years he has managed the company's Personal Lines Department, Personal Lines Service Center, Commercial Lines WTS International is an organization Service Center, as well as aided in enhancing its Cyber Insurance Carol Martsolf dedicated to creating a more diverse, presence. In addition, Harshbarger taught several classes to employees inclusive, and equitable transportation who were seeking designations. industry through the global advancement of women. In 2017, the WTS Diversity & Inclusion Committee Charter was adopted and Harshbarger earned multiple designations from the American Institute displayed at the 2018 WTS Annual Conference for signature by of Charted Property & Casualty Underwriters (CPCU), including all attendees as a reminder of the purpose and commitment of the CPCU, ASLI (Associate in Surplus Lines); ARM (Associate in organization. The committee consists of representatives from the Risk Management and Cyber Risk Management; API (Associate in WTS International Board of Directors, the WTS Foundation Board Personal Insurance); AINS (Associate in General Insurance); and of Directors, chapter leadership, and members. The WTS Diversity CRM (Cyber Risk Management). Committee's purpose is to define strategic objectives in equity and inclusion for the WTS organization and its chapters. Harshbarger is looking forward to spending his retirement hunting and enjoying the outdoors, as well as spending more time with his wife A graduate of Temple University and a professional engineer with 27 and their grandchildren. years of experience, Martsolf has utilized her technical expertise and career knowledge to create the Urban Training Institute and developed dynamic training programs. Under her leadership, the Institute quickly Dawood Announces Promotion of TSM evolved into an award-winning and highly-respected institution. In Dawood Engineering Inc. recently promoted Lori Ware, PE, PTOE, 2008, Urban became an accredited provider with the International to manager of Traffic Services (TSM) for the Highway and Traffic Association for Continuing Education and Training and received Services group. In this role, Ware will take on additional business the National Exemplar Award for Internal Training in 2010. The development and client management responsibilities in Southeast PA program has since evolved to become a dynamic business for Urban, while still focusing on project management and staff development offering professional development opportunities for the entire A/E/C duties. Ware has 15 years of transportation consulting experience, community, where participants can take in the Institute’s classes including the last 11 years with Dawood. Ware earned her bachelor’s from anywhere in the world through an online connection. Since its degree in civil engineering from Rutgers University and her master’s inception, the program is responsible for awarding more than 20,000 degree in civil engineering with a transportation focus from Villanova professional development hours to its participants. University.

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34 HIGHWAY BUILDER Summer 2021 I-95/Scudder Falls Bridge Yardley, PA

The Reinforced Earth Company provided 100,000 square feet of Reinforced Earth® mechanically stabilized earth (MSE) walls, 8,000 linear feet of precast barriers, and over 5,000 square feet of Terratrel® temporary wire walls on the Delaware River Joint Toll Bridge Commission ‘s $396 million Scudder Falls Bridge Replacement project. The MSE walls supported new ramps and bridge abutments that widened the existing I-95 route and provided approach structures that lead into the new bridge. RECo engineered a precast facing panel system to tie into a 50-foot-tall cast in place retaining wall supporting the new toll booth building. The precast facing provided the same architectural ‘ nish required on the MSE walls. Utilizing ‘ nite element analysis and design, the MSE abutment panels were thickened to eliminate the need for a cast-in-place crash wall while accommodating AASHTO’s current impact loading of 600 kips.

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