Reston Spring

Reston Spring
Reston Spring

Wednesday, October 10, 2012

Letter Regarding "Non-standard" Terms in Phase 1 Silver Line Construction Contract, June 14, 2007

The following June 2007 letter from Fairfax County resident and attorney William Coleman to then-County Board Chairman Gerry Connolly highlights a series of what are euphemistically characterized as "non-standard" terms in the contract with Bechtel and Dulles Transit Partners (DTP) to build Phase 1 of what has become called the Silver Line.  Quoting from Mr. Coleman's overview of the contract, these key non-standard terms include:
  • 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.
The letter (below) provides additional detail on each of these points.

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?
Ltr re Phase 1 Design-Build Contract Non-Standard Terms and Conditions

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