- Inappropriate secrecy provisions
- Award of the construction contract before final design approval, without right to bid competitively the approved final design without penalty
- A supposed "fixed-price" portion of the contract which is not a "fixed price," instead by its written terms adjusting automatically to price changes of major construction items, e.g.--steel and concrete
- Uncompetitive procurement procedures for future sub-contractor "allowance" work
- Award of utility relocation work under a separate contract and without a fixed-price
- Loose conditions to control "differing site condition" costs
- "Concurrent non-project activities" which are expected to be designed and built as part of the Project but have an unclear relationship to the proposed contract
- Provisions allowing the contract to cause the conditions for its own Change Orders and Delays Claims that would increase cost to the taxpayer.
Two vital questions arise:
- What assurances does the tax- and toll-paying public have that MWAA will not include similar provisions in its contract for Phase 2 construction of the Silver Line?
- Why, in the face of this information, did the Fairfax County Board of Supervisors subsequently agree in secret to the so-called "funding partners" that sticks toll road users with over half the cost of the line's construction and three-quarters of any price increases?
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