Wednesday, January 15, 2014
By Martin DiCaro : WAMU
The agency building the Silver Line Metrorail extension through Virginia's Tysons Corner is raising hopes that the first phase of the $6 billion project could open to passenger service this spring.
Thursday, December 05, 2013
By Martin DiCaro : WAMU
Following word that the already-delayed Silver Line would need additional testing before it could be turned over to D.C.'s transit authority for passenger service, Virginia Senator Mark Warner whipped off a letter complaining that delays hurt commuters -- and cost millions in lost fare box revenue.
Tuesday, October 01, 2013
By Martin DiCaro : WAMU
WAMU - Washington —
In a western suburb of the nation's capital, reinforced concrete pillars are rising high above Virginia's traffic-clogged highways. They represent five years of nearly completed construction work on one of the nation's largest transit projects.
Thursday, September 19, 2013
By Martin DiCaro : WAMU
The first phase of the Silver Line, already anticipated in D.C.'s newest Metro Map, will be completed within two months. But so far there's no word on how long testing will take -- or when passenger service will begin operating.
Saturday, April 13, 2013
By Martin DiCaro : WAMU
The construction of Phase II of the Silver Line Metrorail to Dulles International Airport, one of the largest public transportation projects in the U.S., will lie in the hands of the contractor team that makes the winning bid to the project’s owner, the Metropolitan Washington Airports Authority (MWAA).
Thursday, April 11, 2013
By Martin DiCaro : WAMU
The success of a megaproject can come down to a single decision: choosing the right contractor.
As the Metropolitan Washington Airports Authority (MWAA) prepares to embark on Phase II of a $5.5 billion rail extension to Dulles International Airport known as the Silver Line, five pre-qualified construction consortiums are facing an April 19 deadline to submit bids to build a transportation project largely financed by toll revenues from the Dulles Toll Road.
After receiving the bids next Friday, MWAA will announce the winner in May. Preliminary work is scheduled to begin later this year with a target of 2018 for completion of the Silver Line to Dulles and beyond into Virginia's Loudoun County. Phase I of the project, which extends D.C.'s Metro to Reston -- is scheduled to open later this year.
Some of the biggest names in the construction industry are competing for the Phase II contract, including Bechtel, the firm that is building Phase I. The lowest bidder wins Phase II.
“Before you go to a low bid, you do everything possible to make sure that you have a firm that is fully capable and fully understands the scope of work of the project involved,” said Patrick Nowakowski, the executive director of the Dulles Corridor Rail Project. “We don’t want to have firms leading the effort… who’ve never undertaken a megaproject.”
Nowakowski says using the low-bid procurement procedure ensures the lowest possible price for Fairfax and Loudoun County taxpayers and the toll road users.
“It’s all about price,” Nowakowski said.
Once the contractor teams’ individual design proposals met the standards established in MWAA’s design schematics, the lowest bid became the only factor in deciding who will win the contract. Therefore, a bidding contractor with a superior design receives no advantage in the bidding process. But Nowakowski says his office has been meeting with the competing contractor teams for months to ensure all the design proposals are sound.
“That’s where the confidence level comes in, the amount of time we have spent working with them,” Nowakowski said. “[We] make sure that the designs they produce meet the minimum standards that [we’ve] established in a specifications.”
Critics say low bid invites trouble
Any number of issues can push a megaproject over budget, but the low-bid procurement process is particularly troublesome, critics say, because it entices a contractor to submit an artificially low bid with the intention of requesting change orders to drive up a project’s final cost, paid for by the project’s owner and into the contractor’s pockets. In the case of the Silver Line, the owner is MWAA.
“The procurement on Phase II is not being done in an optimal way,” said Brian Petruska, an attorney at the Laborers International Union of North America, one of the unions that supplied workers to build Phase I of the Silver Line. “For a contractor the number one goal is to get the project.”
Change orders usually occur in one of three ways: the project owner requests the change and then pays the contractor to include it; an unexpected problem arises in the construction process requiring a change for the project to proceed safely; or the contractor requests a change order from the owner. In the latter case, MWAA would have to approve any change orders that are requested by the general contractor.
“We've looked at projects such as the Wilson Bridge and the Springfield interchange where change orders were approved because the price of steel went up. You would think the contractor should factor in potential increases in the price of steel, so when they make the bid they take the risk,” said Petruska, who said MWAA should have chosen a bidding process that grades on both design and price.
MWAA insists its contract documents and oversight procedures will prevent unnecessary change orders and, therefore, stick to the Silver Line’s budget.
“I worry about change orders from the day I sign the contract to the day I end it,” Nowakowski said. “It’s not a function of the low-bid procedure. It’s a function of how well the contract documents were written and how well you manage the project from the day you start to the day you finish.”
The higher the Silver Line price, the higher the tolls on the Dulles Toll Road
Virginia’s approval of an additional $300 million in Silver Line funding lightened the burden on Dulles Toll Road users to finance the $2.7 billion Phase II extension. Before the Commonwealth approved new funding, toll revenues were scheduled to cover 75 percent of Phase II’s costs. That cost has been reduced to 64 percent, according to an MWAA spokeswoman-- as long as Fairfax and Loudoun Counties continue to fund the $400 million needed to build parking garages and a rail station at the planned Rt. 28 stop.
If Phase II’s construction goes over budget, toll road users may be asked to make up the difference, according to Virginia Transportation Secretary Sean Connaughton.
Connaughton says it will be up to the Metropolitan Washington Airports Authority to make sure only legitimate change orders are approved for Phase II of the Silver Line.
“Any price escalation is passed almost directly onto the toll road users, and the toll road users are already bearing a very large brunt of the cost of this project,” Connaughton said.
Change orders and bloated project budgets
The Metropolitan Washington Airports Authority has a mixed record in keeping its projects on budget. While MWAA officials have praised the contractor and union workforce for keeping Phase I of the Silver Line on time and on budget, the Dulles Main Terminal Automated People Mover Station will receive no such praise.
The Automated People Mover Station, which provides a rail and pedestrian link between the main terminal and midfield concourses at Dulles Airport, was awarded by MWAA to the contractor Turner Construction Co.* at the low-bid price of $184 million. After 82 change orders were approved, the project finished at $388 million, an increase of $204 million from the original low bid, according to sources familiar with an internal MWAA audit.
The audit also found MWAA staff approved certain increases without documentation and without written contractual obligation to do so, sources said.
While the People Mover Station may provide an egregious example of a project’s costs soaring out of control, it serves a caution that even when government agencies sign a contract with established construction industry giants, things can go very wrong. That is why, Nowakowski said, the Silver Line’s project management team will exercise strict oversight.
“We’ve got some of the five best teams in the world competing” for the contract, he said. “The taxpayers can believe that we’ve done everything that we can to get the best possible price.”
The Springfield Interchange (Archer Western) and the Silver Spring Transit Center (Foulger Pratt) provide two widely publicized examples of projects that went well over budget despite having major construction firms serving as general contractors. Archer Western is leading one of the five construction consortiums that will bid of Phase II of the Silver Line.
In addition to Archer Western Contractors, the other construction consortiums competing to build Phase II are led by Bechtel Infrastructure Corp., Skanska USA, Clark Construction Group, and Fluor Enterprises Inc.
Construction industry warns against pointing fingers
Representatives of the construction industry say it is harder to determine what actually went wrong than to simply assign blame when megaproject encounters budget or construction problems.
“A newspaper or a radio show or anybody can spout off and say there was a problem on a job and they name the contractor or the subcontractor,” said Patrick Dean, president of the Associated Builders and Contractors of Virginia. “Typically they don’t get into the details because that news is old by the time anything is figured out.”
Dean says the idea contractors pocket huge sums off excessive change orders is “a fallacy.”
“It’s not like contractors are going to make a lot of money on change orders. A change order increases their contract but they are a hassle. You have to negotiate them, sometimes you fight over them. You may have to rework something or change your schedule,” said Dean, who said some change orders are requested not for profit but to make projects more durable to reduce future maintenance costs.
Regardless of whether MWAA or the general contractor will pay for any change orders approved during Phase II of the Silver Line, the additional costs may ultimately fall on drivers on the Dulles Toll Road.
Virginia Transportation Sec. Connaughton, a critic of MWAA’s past performance, said the agency must run this project well. “Additional costs not only delay the project but obviously cause it to spiral out of control with price,” Connaughton said.
This is the first of a two-part series on construction of Phase II of the Silver Line to Dulles.
*This post originally listed the contractor as Skidmore, Owings & Merrill. They are the architects, not the contractor.
Wednesday, March 06, 2013
By Martin DiCaro : WAMU
After U.S. Transportation Secretary Ray LaHood praised the beleaguered Metropolitan Washington Airports Authority at a Congressional hearing last autumn, two Democratic members of Congress did a slow burn and sent separate letters to him, stating they were "troubled" and "disappointed and concerned" by his support for MWAA.
MWAA oversees the D.C. area's airports -- and is in charge of the massive $6 billion Silver Line rail project. In recent months the agency has been trying to repair its image after a federal audit that found the agency had unethical hiring and questionable contracting practices. The agency also battled Virginia's governor, who sought to oust a member of its board, and it's being sued by a former employee. Now, it's hiring an outside public relations firm.
Maryland Rep. Donna Edwards and West Virginia Rep. Nick Rahall, members of the House Transportation and Infrastructure Committee, wrote LaHood following his November 16 testimony in which he expressed “a lot of confidence in” MWAA’s CEO Jack Potter and MWAA board chairman Michael Curto.
Potter, Curto, and MWAA board vice-chairman Tom Davis were all called to testify about the findings in an audit by the U.S. Department of Transportation’s inspector general. The audit revealed a litany of questionable hiring and contracting practices – a “culture of nepotism” – inside MWAA.
“In light to these admissions to serious missteps, and those highlighted in the Inspector General’s (IG) report, I am troubled by the support you expressed in their continued leadership,” Edwards wrote LaHood. “I would appreciate a more complete explanation of your support for the current leadership of MWAA despite their admission and the IG’s report.”
Congresswoman Edwards declined to comment on this story, but Secretary LaHood’s office provided the following statement:
“Secretary LaHood met with Congresswoman Edwards on January 23, 2013 to respond to her letter. They had a productive discussion of the steps the Department of Transportation has taken to improve accountability and transparency at MWAA, and the Secretary promised to work with the Congresswoman and other interested Members from the Washington Metropolitan area on this issue moving forward.”
Congressman Rahall’s February 15 letter to Sec. LaHood expressed the same concerns about the federal transportation’s chief stated confidence in Potter and Curto.
“I was disappointed and concerned by your testimony that you ‘have a lot of confidence’ the chairman of MWAA’s board of directors and MWAA’s chief executive officer, particularly in view of the fact that these individuals, by their own acknowledgement, were involved in some of the questionable conduct identified by the Inspector General,” wrote Rahall, the committee’s ranking member.
In their November testimony, the two MWAA leaders said many of the transgressions outlined in the audit took place before they assumed their current positions. There were, however, notable cases in which they were directly involved: a law firm that employed Curto’s wife was granted a $100,000 no-bid contract to provide legal counsel.
“I was not chairman at the time. I was not on the legal committee at the time. The general counsel for [MWAA] made the decision to retain the law firm. My wife at the time was an employee at that law firm… she had no direct or indirect financial interest in the law firm,” explained Curto. “Although it wasn’t an actual conflict of interest it certainly was an appearance of a conflict of interest.”
Potter was questioned about the hiring of former MWAA board member Mame Reiley to a job created specifically for her at an annual salary of $180,000 without proper vetting or board approval.
“My judgement was not good in terms of the hiring of that person,” said Potter, who said the creation of the job was necessary to meet the challenges created by rising costs at Dulles International.
Following these admissions Edwards asked Curto if he belonged in his leadership position.
“I would hope so,” Curto responded. “I think the body of the report, most of the findings and conclusions of the inspector general's report occurred prior to my time on the board and certainly prior to my tenure as chair.”
When reached to comment on this story, Curto provided a statement.
MWAA’s "leadership continues to work diligently to address the issues and concerns reported on over the past year. We have made significant progress and believe the organization is moving expeditiously in the right direction."
Rep. Rahall’s office did not respond to repeated requests for comment.
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Wednesday, January 16, 2013
By Martin DiCaro : WAMU
U.S. Secretary of Transportation Ray LaHood expressed optimism a federal loan would be approved to help finance the $5.5 billion Silver Line rail project, funding that would help slow down projected toll rate increases on the Dulles Toll Road.
“This is one of the first [projects] under the new TIFIA loan program that was passed by Congress in transportation bill, which gave us an enormous amount of money, almost $2 billion over the next two years,” LaHood said. “I would say right now things look good.”
Tolls on the Dulles Toll Road are currently set to finance roughly half the Silver Line’s cost.
After swearing in two federally appointed members to the board of directors of the agency that oversees the Silver Line’s construction, the Metropolitan Washington Airports Authority, LaHood praised the authority’s work to overhaul its ethics, hiring, and contracting practices. Last year an audit by the Department of Transportation revealed a litany of shady dealings at MWAA.
“Since then MWAA has done everything that we have asked them to do,” LaHood said. “That included passing new travel and ethics policy for its board and staff, terminated contracts with former board members and employees that are not competitively bid, adopt employment and nepotism restrictions, improve board transparency, began to make quarterly acquisition reports and forecasts to the [U.S. DOT], and approve an amendment to the lease with DOT to give us oversight of MWAA policies and procedures permanently.”
This progress is a factor in determining whether MWAA will receive a loan through the TIFIA (Transportation Infrastructure Finance and Innovation Act) program.
Last year Virginia Congressman Gerry Connolly (D) said he expected the loan could amount to 25 to 30 percent of the project’s cost. When asked on Wednesday how large a TIFIA loan would be for the Silver Line, LaHood declined to speculate, and he offered no estimate on when the final decision would be made.
“You’re the only one that would really care about that, and I’m not going to get into the details about the loan application,” LaHood said. “We are working with MWAA on this and as soon as we finalize the work we will announce what percent we’re going to give and how much money it involves.”
Drivers who use the Dulles Toll Road also care about how much funding the Silver Line may receive. Additional funding would bring down the projected toll rates, currently scheduled to rise over the next four decades.
Tolls on the road increased on January 1. The full, one-way toll increased by 50 cents to $2.75. To the commuter who takes the road every day, that will amount to an extra $260 in 2013. The tolls are scheduled to increase again in January 2014 by another 75 cents.
MWAA CEO Jack Potter said he’s also optimistic MWAA would receive the additional funding.
“We are working very closely with the Department of Transportation, Loudoun County, Fairfax County to put our application in and we are very positive of a good outcome,” Potter said. “I’d like to get as much as we possibly can.”
Potter has been lobbying for more state funding. Virginia lawmakers have approved only $150 million for the Silver Line so far. On Monday Potter met Virginia Secretary of Transportation Sean Connaughton as well as a group of lawmakers who control the purse strings in Richmond.
“I am very much focused on output. The output is dollars coming to the rail project,” Potter said. “How the Commonwealth generates those dollars is strictly Commonwealth business. I am strictly focused on the output of $300 million dollars or more that could come to the rail project.”
In a major transportation funding plan unveiled earlier this month, Governor Bob McDonnell proposed using sales taxes revenues to provide $300 million for the Silver Line over three years. That plan, however, is expected to face opposition in the General Assembly among lawmakers who say the rail project should not compete for general fund revenues normally used to pay for education and public safety.
Monday, December 31, 2012
By Martin DiCaro : WAMU
The Washington D.C. metropolitan region saw major developments in transportation that included progress toward completing the largest public rail project in the country, the opening of a new highway on the Beltway, and an update on D.C.’s coming streetcar system. 2012 also raised questions critical to the region’s economic future. In a region plagued by some of the worst highway traffic congestion in the nation and a public rail system crowded to capacity, how can transportation planners and real estate developers maximize the region’s economic potential in a climate of finite funding for major projects.
1) The Silver Line
When the Loudoun County Board of Supervisors gave final approval to the county’s involvement in the $5.5 billion project that will connect D.C. to Dulles International Airport, lawmakers removed the last major obstacle to completing the Metro rail line by 2018. Outstanding issues remain, however. The most controversial issue is the Silver Line’s financing plan, overseen by the Metropolitan Washington Airports Authority. Without further federal or Virginia state funding, motorists on the Dulles Toll Road will cover half the Silver Line’s costs.
2) I-495 Express Lanes
A new highway is big news in this region. After six years of construction, high-occupancy toll (HOT) lanes opened on Nov. 17 on the 495 Beltway between the Dulles Toll Road and the I-95 interchange in Fairfax County. Drivers using the HOT lanes may get a faster ride, but the project raised questions about the wisdom of highway expansion as a method of solving congestion as well as the pitfalls of funding megaprojects: without the public-private partnership between Virginia and the international road building company Transurban, the road would not be built. Virginia gets a $2 billion road, and Transurban gets the toll revenues for 75 years.
3) Transit and Gentrification
Washington, D.C. is one of the fastest gentrifying cities in the United States. While rising property values, economic development, and a growing number of residents living a car-free existence are transforming the District for the better, gentrification has its costs.
4) The Uber Battle for the Ages
After months of contention, the D.C. Council finally approved legislation legalizing the popular sedan car service Uber. This battle was strange -- and it got personal. Legislators and regulators seemed to tie themselves in knots figuring out to handle the unregulated Uber while the district’s own taxicab industry struggled to modernize. In the end Uber won. And so did smartphone-using, taxicab-hailing residents of D.C.
5) MWAA’s woes
The Metropolitan Washington Airports Authority, which operates two major airports, rarely caught the public’s attention. But after the authority took control of the Silver Line, however, the public’s attention intensified – and not for good reasons. Audits by the U.S. Department of Transportation and news reports unearthed a litany of shady contracting, hiring, and travel policies and practices. Critics have relentlessly pressed for changes to the plan to raise tolls significantly to pay for the Silver Line. MWAA is making changes but has not yet recovered the public’s trust.
Friday, December 21, 2012
By Martin DiCaro : WAMU
This is the second of a two-part series on plans to expand Northern Virginia’s road network and freight capacity of Dulles International Airport. (Part 1)
To elected officials and Virginia transportation planners, Dulles International Airport is an untapped well of economic growth. However, maximizing its potential will necessitate major improvements of the surrounding road network. That includes completion of a “north-south” corridor which is now in the conceptual stages.
On Dec. 12 the Metropolitan Washington Airports Authority unveiled its intentions to pursue development of airport properties, including 400 acres on Dulles’ western side and sixteen acres around the future Rt. 606 stop of the Silver Line. The goal is to enhance the airport's industrial capacity as a freight hub.
“We are the only airport on the east coast with that kind of land available to us for development purposes. Cargo is down at Dulles right now, but it is down because of the economic uncertainty in Europe,” said Loudoun County Supervisor Ralph Buona (R-Ashburn). “The problem we have today is there is no easy access from the airport. The only access we have today is Rt. 28 and 28 is very limited.”
At their monthly board meeting, MWAA officials emphasized the importance of both expanding the Dulles Loop – Routes 606, 28, and 50 – and eventually connecting it to the north-south corridor. Studies to expand all three roadways are underway.
MWAA CEO Jack Potter indicated the agency would take a cautious approach to development.
“We do not want to make an investment either at Rt. 606 or in the western lands to put a lot of infrastructure in there. We are not going to build something and hope that somebody comes,” he said during a presentation to the MWAA board.
Elected officials in Loudoun County who support the “north-south corridor” concept see Dulles as a key to future economic growth and the roads it will require as relief for traffic-weary commuters.
"Anybody who lives in Loudoun County knows that more road capacity is necessary,” said Supervisor Matt Letourneau (R-Dulles). “Keeping roads small doesn't prevent growth from happening.”
Environmental groups opposed to the construction of a multi-lane, divided highway west of Dulles Airport question whether the expansion of freight is the right goal.
“There are only so many pounds of freight that you can move on an airplane in an economical way. I think it is less than one-tenth of one percent of freight in Virginia comes by air. It is going to be an important economic activity but it is not the major way to move freight in the United States,” said Chris Miller, president of the Piedmont Environmental Council.
In his view, the Virginia Department of Transportation’s Northern Virginia master plan and MWAA’s development ideas amount to a move in the wrong direction, toward sprawl-inducing road expansions that could undermine the ongoing investment in the Silver Line rail project, scheduled for completion in 2018.
“I think the people who move west of Dulles Airport aren’t looking for another interstate highway with trucks on it to serve their neighborhood,” Miller said.
Miller uses the term “outer beltway” to describe the north-south corridor concept, a term that chafes supporters.
“If you want to unlock the potential of our economic engines – and Dulles is the biggest economic engine that we have in Northern Virginia – you’ve got to be able to tie it back to the other industries. If you look on the other side of the river, we have a large biotech industry in the I-270 corridor,” said Supervisor Buona.
“If you are able to create a [transportation] link between that industry and the IT and government contracting set, and that link connects to the airport, what you’ve done is create a corridor of commerce. You have not created an outer beltway,” he added.
Tuesday, December 18, 2012
By Martin DiCaro : WAMU
The agency managing the construction of the $5.5 billion Silver Line rail project in Northern Virginia spent more than a million dollars in legal fees in two lawsuits defending one of its board members in a battle with Virginia Governor Bob McDonnell.
In a confidential memo obtained by WAMU 88.5, the Metropolitan Washington Airports Authority (MWAA) board details the $1.5 million in legal fees spent defending Dennis Martire, a labor union official who agreed to resign from the MWAA board of directors in September.
In June the McDonnell administration tried to oust Martire from the board. He sued to keep his seat, and the airports authority agreed to reimburse his legal expenses. He was reimbursed $855,000, according to the memo.
In an interview with WAMU, Martire said he was entitled to legal assistance under MWAA policy.
“We have an indemnification policy that every board member has the right to due process and every board member has the right to face their accusers if you are accused of anything,” said Martire, who drew intense criticism after it was revealed he had spent $38,000 traveling to five conferences while MWAA director.
In his view, however, Martire was targeted for political reasons: the McDonnell administration wanted greater control of the MWAA board.
“The governor was removing me for booking a plane ticket two weeks before a trip, and we spent $1.5 million dollars of MWAA money to defend that case. It's ludicrous,” Martire said. “There is a movement afoot to make it an all-Virginia board. There is a movement afoot to create a Republican-dominated board.”
The confidential memo says the airports authority also spent $360,000 to defend itself and one of its top officials, and nearly $200,000 was spent defending three other board members – Rusty Conner, Todd Stottlemyer, and former Va. Congressman Tom Davis – who were subpoenaed during the litigation.
MWAA chief counsel Phil Sunderland did not return multiple calls seeking comment.
MWAA Legal Fees
Thursday, December 06, 2012
By Martin DiCaro : WAMU
Virginia Governor Bob McDonnell offered no specifics in his “comprehensive transportation funding and reform” plan to raise an additional $500 million per year to prevent the state from running out of money to build roads by 2017.
Speaking in Fairfax County at his annual transportation conference, Governor McDonnell called on lawmakers to stay in session next year until they find a solution to Virginia’s long-term funding woes, which are exacerbated by the transfer of money from the state’s construction fund to required highway maintenance projects.
“I don’t think we can wait any longer,” McDonnell said. “I don’t think I can continue to recruit businesses to Virginia and see the unemployment rate go down unless we are able to get a handle on and provide some long-term solutions this session to that problem.”
The Republican governor, who is one year from leaving office, did not specify what he will ask lawmakers for when they convene in Richmond in January.
“I’ll tell you when we’re ready… before the session,” the governor said in brief remarks to reporters following his speech. “These are plans that take a lot of work to put together.”
He refused to take a position on whether the state’s gas tax should be increased, although he indicated that doing so alone would not generate adequate revenue. The tax of seventeen-and-a-half cents per gallon, which currently accounts for about one-third of the state’s transportation funding, was last increased in 1986. It has lost 55% of its purchasing power when adjusted for inflation.
Improved automobile fuel efficiency and the rising costs of highway construction materials have reduced the gas tax’s buying power, McDonnell said.
“A key ingredient of asphalt has increased by approximately 350% over that same time,” he said.
Critics contend the McDonnell administration cannot be trusted to direct new revenues wisely. One of the most vocal critics points to a record of highway construction instead of transit projects as evidence, especially from the $4 billion dollar package approved for the administration by the legislature.
“He squandered most of that,” said Stewart Schwartz, the executive director of the Coalition for Smarter Growth. “It’s gone to rural highway projects that have very low traffic demand and are not high priorities given the traffic congestion within northern Virginia and Hampton Roads.”
Schwartz listed State Rt. 460 in southern Virginia, the Coalfields Expressway, bypasses in Charlottesville, and plans for an “outer beltway” in northern Virginia as examples of poor spending priorities by the administration, while transit projects like the Silver Line Metro rail and existing roads like I-66 need help.
“They are not targeting the areas of greatest need. You are not getting the best bang for your buck. You are spending a few billion dollars on the wrong things,” said Schwartz.
New revenues would likely be directed to construction projects under the state’s transportation trust fund, which currently loses hundreds of millions of dollars annually to required maintenance. The trust fund’s formula directs fifteen percent of its monies to transit projects. The remainder is for road building.
Governor McDonnell denied his administration is neglecting transit and other modes of transportation. “It’s going to be a multi-modal approach. Road, rail, and mass transit, all of those will be beneficiaries of a funding plan,” he said.
Monday, November 19, 2012
By Kate Hinds
Top officials at the agency in charge of the $6 billion Silver Line testified before a U.S. House oversight committee on Friday after an audit exposed its unethical hiring, travel, and contracting practices.
Members of the House Transportation and Infrastructure Committee grilled MWAA Board Chairman Michael Curto and CEO Jack Potter about personal roles and agency policies in the granting of no-bid contracts and the rampant nepotism detailed in the audit. The chair of the house committee, John Mica, called the agency a "poster child for corrupt practices." While acknowledging the agency's missteps, both men pointed to recent measures designed to overhaul MWAA's ethics, travel, and contracting practices.
An audit released earlier this month by the Department of Transportation's Inspector General took the Metropolitan Washington Airports Authority for "ambiguous policies and ineffectual controls." In addition to overseeing the Dulles Corridor Metrorail Project, the MWAA also manages Dulles and Reagan National Airports.
Curto and Potter also said many of the transgressions outlined in the audit took place before they assumed their current positions.
There were, however, cases that directly involved them: the law firm that employed Curto's wife was granted a $100,000 no-bid contract to provide legal counsel. Maryland Rep. Donna Edwards (D-4th) asked Curto to explain how such a large contract could be awarded without the approval of the board of directors.
"I was not chairman at the time. I was not on the legal committee at the time. The general counsel for the authority made the decision to retain the law firm. My wife at the time was an employee at that law firm... she had no direct or indirect financial interest in the law firm," said Curto, who said in retrospect the contract should not have been granted on a no-bid basis. "Although it wasn't an actual conflict of interest it certainly was an appearance of a conflict of interest," he said.
Potter was questioned about the hiring of former MWAA board member Mame Reiley to a job created for specifically for her at an annual salary of $180,000 without proper vetting or board approval.
"My judgement was not good in terms of the hiring of that person," said Potter, who said the creation of the job was necessary to meet the challenges created by rising costs at Dulles International. Rep. Edwards asked the officials if they should remain in their positions given the agency's record.
"I would hope so," Curto said, pointing to the measures MWAA has approved to revamp its ethics, travel, and contracting policies as well as terminate contracts granted to former or current board members.
U.S. Transportation Secretary Ray LaHood testified that MWAA has indeed revamped its policies, adding that its leaders understand reforms must be successful if the agency is going to receive additional federal funding to pay for the Silver Line, whose first phase of construction is scheduled for completion late next year.
"Phase I has worked pretty well. It really has. I think Phase II will work equally well because when you talk to these folks now in charge of MWAA, a new CEO and president, a relatively new chairman, they get it," said LaHood. "These people get it. They do. They know this has to be done correctly."
"They have pending before us a TIFIA loan. We're not going to give them a TIFIA loan if they are not doing things correctly. They know that," added LaHood, referring to the federal loan program for major transportation projects.
In August, LaHood sent the MWAA a blistering letter questioning the board’s ethics and laying out steps the authority must take to get in line.
Phase II construction of the Silver Line is supposed to begin next year.
Watch a video of Friday's hearing here.
Thursday, November 15, 2012
By Martin DiCaro : WAMU
The agency managing the largest public rail expansion in the nation voted to increase tolls on a Virginia highway in part to help fund construction of the Silver Line.
On Wednesday, the Metropolitan Washington Airports Authority unanimously approved raising the full, one-way toll on the Dulles Toll Road to $2.75 effective January 1, an increase of $.50. In January 2014 toll will increase to $3.50.
The toll increases are a major part of the financing plan for the Silver Line extension to Dulles International Airport, a 23-mile, $5.5 billion project whose first phase is scheduled for completion late next year. The MWAA board put off a decision to increase tolls again in 2015 because of the possibility of obtaining additional state and/or federal dollars.
MWAA has two avenues to secure additional funds: Virginia’s General Assembly, which has provided only $150 million to date, and the federal TIFIA (Transportation Infrastructure Finance and Innovation Act) loan program.
“Our project is, bar none, (one) of the more worthy projects in the country for TIFIA loan financing,” said MWAA Board Chairman Michael Curto in remarks to reporters after the agency’s vote. “We’ve seen the enhanced TIFIA loan program so we’re positioned well, given that the project is shovel ready. We’re ready to move."
Curto is not the only public official who has expressed optimism a federal loan with come through. However, MWAA has a lot of competition for TIFIA dollars. Nineteen major transportation projects totaling $27 billion are currently applying for loans, and Congress has authorized $1.75 billion for TIFIA the next two fiscal years.
“The pool is very small compared to what the needs are just for our rail system,” said Terry Maynard, a board member of the Reston Citizens Association, which represents 58,000 residents in a Fairfax County tax district. “It's going to be very hard to get a significant contribution.”
The association opposes not the Silver Line’s construction but its financing plan, which leaves fifty percent of the entire project’s cost on Dulles Toll Road users (75 percent of Phase II).
“We really want this to get built and succeed,” Maynard said. “We are pressing that all the money [MWAA] receives relieve the burden on toll road users.” Fairfax County residents have relayed their concerns to MWAA that drivers looking to avoid higher tolls will opt for already congested secondary roads, further clogging their communities with traffic.
Curto promised that MWAA will lobby Richmond for additional funding. He declined to criticize the McDonnell administration’s spending priorities, which have seen hundreds of millions of dollars allocated for highway expansions.
“We are going to reach out, work closely and hope to encourage the governor’s administration and the folks in Richmond that Dulles Rail should be the recipient of additional funds. As Secretary LaHood said, it is a model project,” Curto said.
Friday, November 02, 2012
By Martin DiCaro : WAMU
The agency that operates Dulles International and Reagan National Airports and the $6 billion Silver Line rail project engaged in unethical hiring and questionable contracting practices and its officials accepted lavish gifts in violation of the agency's own policies – all enabled by a “culture of favoritism” and lacking internal checks – according to an audit released Thursday by the U.S. Department of Transportation’s inspector general.
The audit detailed questionable dealings at the Metropolitan Washington Airports Authority from January 2009 to June 2011. During that period, MWAA awarded 190 contracts that exceeded $200,000 but only 36 percent were awarded with full and open competition, the audit said. These contract awards failed to comply with MWAA’s own contracting manual and were inconsistent with the intent of the Airports Act of 1986, the audit said.
MWAA’s hiring practices were also criticized. “In some cases, senior officials abused MWAA’s student program to hire employees who were not students, using personnel documentation that falsely showed student status. MWAA’s lack of oversight also resulted in employees with known criminal convictions working at the Authority in sensitive and management positions for more than a year,” the audit said.
While the audit did not name names, it named positions. For instance, MWAA’s Vice President for Human Resources hired two relatives to work at the agency and then denied it. The vice president, Arl Williams, resigned in advance of the audit’s release.
While Williams’ individual behavior was troublesome, the problems at MWAA also resulted in structural deficiencies.
"According to MWAA’s ethics code, MWAA employees may not hire, supervise, or work with family members. However, MWAA lacks controls to detect and prevent these prohibited relationships… which makes it difficult to determine whether the relationship would constitute nepotism…” the audit said.
MWAA’s vice president for information and telecommunications, George Ellis, received two tickets to the 2009 Super Bowl among other expensive gifts from a contractor in clear violation of established MWAA policy. Ellis was fired in the spring.
In another case mentioned by auditors, a former board member, Mame Reilly, was hired by MWAA CEO Jack Potter to fill a vaguely defined position for an annual salary of $180,000. Reilly stepped down after a public outcry but was paid a year’s severance. Neither Reilly nor Potter was mentioned by name. None of the contractors who received lucrative no-bid contracts was named, either.
The 51-page report is loaded with examples of contracting practices that, while not explicitly illegal, raise serious questions about decision making at the powerful agency. One unnamed former board member received 16 no-bid contracts. The MWAA board of directors was not consulted about any no-bid contracts that totaled $6 million dollars.
The DOT auditors closed their report by issuing twelve recommendations while acknowledging that MWAA has already taken steps to overhaul its policies and put in place internal checks.
At a press conference Thursday afternoon, Potter and MWAA board chairman Michael Curto addressed the audit’s findings, promising to work to regain the public’s trust while defending their record in handling the 23-mile Silver Line project.
“We are gratified that the final report acknowledges the actions we have taken since the May Interim Report, as well as our ongoing initiatives, to bring greater transparency and accountability, efficiency, and integrity to our operations and governance,” Curto said.
“We are extremely transparent,” said Potter, referring to the rail project. “There is definitely a firewall between the toll road and rail project and the authority.”
“There is work to be done,” added Potter. “I see it as my job that we restore the trust in this institution through very solid policies. I’ll be embarrassed if two years from now these same things are a problem.”
Wednesday, October 17, 2012
By Martin DiCaro : WAMU
Dennis Martire and the agency he worked for would be paid little attention – if not for the responsibility running one of the largest public transportation projects in the country: the Silver Line Metro rail to Dulles International Airport.
Wednesday morning Martire officially resigned from his position as a member of the board of directors of the Metropolitan Washington Airports Authority (MWAA) after months of criticism directed from high places at both his professional behavior and the conduct of the airports authority itself.
In his first interview since settling a costly legal dispute with Virginia Governor Bob McDonnell's administration and agreeing to resign, Martire -- a high-ranking official with the labor union LiUNA -- defended the agency’s record and denied any wrongdoing.
‘We have a policy that allows us to go to airport conferences. It’s not like we pull out a globe, spin it, and say 'we’re going here today,'” Martire said.
A Washington Post editorial in May accused Martire of spending more than “$38,000 attending five conferences in 2010 and 2011,” including a nine-day trip to attend a 36-hour conference in Sardinia.
“It was a three-day trip [the editorial board] made into a nine-day trip. The conference was only three days. I flew from there to somewhere else on my dime, not on MWAA’s dime,” he said.
In August, the federal Secretary of Transportation Ray LaHood sent MWAA a letter expressing outrage at “ongoing reports describing questionable dealings including the award of numerous lucrative no-bid contracts to former Board members.” MWAA (pronounced "em-wah") has publicized reforms of its spending, travel, and contracting practices, but Martire believes the board of directors and the agency’s leadership allowed their opponents to turn such issues into a distraction from MWAA’s stewardship of the Silver Line.
“The airports authority has handled this project remarkably well,” said Martire, who said a project labor agreement (PLA) -- a pro-union provision voluntarily undertaken by the prime contractor in the Silver Line’s Phase 1 construction -- kept the project on-time, on-budget, and with a strong record of worker safety.
“Compared to other major infrastructure projects in northern Virginia like the Springfield interchange or the Woodrow Wilson Bridge, it’s a model project. Those projects were all hundreds of millions of dollars over budget. The taxpayer is the one who has to eat that money,” he said.
Martire said “it’s a disgrace” that the state of Virginia has provided only $150 million dollars for Phase 2 of the Silver Line, which has an estimated price tag of $3 billion, and he urged the federal government to provide additional funding to bring down the projected toll increases on the Dulles Toll Road. Under the current financing arrangement, those tolls will cover 75 percent of Phase 2’s costs. A full, round-trip toll would rise to $9 in 2015 under current MWAA projections.
“You’re going to have rail to Dulles and beyond, but the tolls are still my major concern. This could be a boondoggle if it’s built out there with $10 tolls,” Martire said.
Martire also shrugged off criticism for supporting the use of a non-voluntary PLA in planning process for Phase 2, accusing its critics of opposing organized labor.
“I do work for a labor union,” Martire said. “There’s no doubt that the governor of Virginia and Congressman [Frank] Wolf, both Republicans, do not like labor. They don’t like what labor stands for.”
Wednesday, October 17, 2012
By Martin DiCaro : WAMU
The Fairfax Board of Supervisors has given final approval to a massive transportation funding plan for the future Tysons Corner.
The Tysons Plan looks 40 years into the future, anticipating 113 million square feet of new development by 2050 in a modern city rising west of Washington. The board on Tuesday approved $2.3 billion to build a new transportation network for the future Tysons Corner, which includes a grid designed for buses, pedestrians, and cars -- as well as four new Metro Stations. It will be paid for in part by commercial and residential taxes.
Fairfax County Board chairman Sharon Bulova heralded the move, calling it "a major step in the right direction" for the area. “Investing in Tysons is an investment in the future of Fairfax County," she said. "Never before has such a long range, comprehensive plan been developed to support a major redevelopment initiative."
But the vision of high-rise condos and gleaming corporate offices doesn't mean much to Lucille Weiner, a senior citizen who lives in a condo in Tysons and who spoke at a public hearing Tuesday before the board approved the plan. She said the tax increases on residential properties in Tysons Corner would make her life more difficult.
"As I read the reasoning around taxing the neighborhood that is Tysons Corner, I read the phrase 'the folks that will benefit the most,'" said Weiner. "It sure isn't me who will have to move if this happens. I appeal to my elected representatives to help stop this frivolous idea on the extra tax on the people who live in Tysons."
Michael Bogasky, the president of the residents association in Weiner's condominium, agreed with that assessment. "Let's create a new tax district so that we can pay more in taxes than anyone else in Fairfax County," he said.
Weiner believes the new taxes should not be on homeowners at all.
"When the Metro reached Greenbelt [Maryland], residents of Greenbelt did not get taxed, nor did residents of Vienna [Virginia]. when the Metro reached Vienna," she said.
Developers stand to gain the most from Tysons' future growth. One of them, CityLine Developers, supports the tax plan.
"If I ever thought there was a day that I would come and ask you to approve $13 a square foot in transportation proffers and ask you for a 7- to 9- cent tax on top of that, I probably should have retired," said Thomas Fleury a CityLine vice president, with a laugh. "That's what it takes to get the job done."
Other critics argue there is a risk to predicting tax revenues over 40 years and if the county's projections don't work out, the plan will fall apart.
But lawmakers say the plan is flexible enough to adjust to swings in the economy and the real estate market.
Wednesday, October 03, 2012
By Martin DiCaro : WAMU
With four new Metrorail stations coming to Tysons Corner next year -- as well as a 40-year plan to to bring high-rise condos and gleaming corporate offices to the area -- local lawmakers are considering rethinking the road network.
The Fairfax County (Virginia) Board of Supervisors dug into a report Tuesday from Planning Commission member Walter Alcorn that includes about $1 billion in taxes on current and future developers to cover the costs of infrastructure for cars, buses, bicycles, and pedestrians.
“Right now Tysons has a super grid of very, very large blocks which are not walkable,” Alcorn said in an interview with Transportation Nation. The county's plan states the "vehicle-based road network will need to transition into a multi-modal transportation system that provides transportation choices to residents, employees and visitors." That means, in part, building smaller, more walkable blocks.
County officials say they want the population of Tysons Corner to increase fivefold by 2050. Currently, the community has 20,000 residents.
The infrastructure redevelopment cost is $2.3 billion, and to pay for it, the planning commission wants to levy new taxes on developers and increase existing property taxes. However, tapping general fund revenues, issuing bonds, and adding a commercial and industrial tax are also under consideration.
“The actual street in front of the development that’s being constructed should be paid for by that developer. However, larger transportation projects that have a major benefit inside and outside of Tysons probably should be paid for by the public sector,” said Sharon Bulova, chairman of the Fairfax County Board of Supervisors.
“These are extrapolations,” said Bulova, referring to the revenue figures. “We’re looking ahead to an extent we’ve never done before to look at what it is going to take to support the new development.”
And Alcorn says it's worth it. “The point of all these improvements is not to facilitate traffic through Tysons or across Tysons, but frankly to help Tysons become more of a walkable, transit oriented community,” he said. “It’s a grid of streets. It’s also new connections from surrounding roads into Tysons, for example, new connections from the Dulles Toll Road, and improved connection to the Beltway.”
The board will take up the proposal next at its scheduled meeting later this month.
See Fairfax County's "Transforming Tysons" slideshow:
Tuesday, September 18, 2012
By Martin DiCaro : WAMU
The federal government may provide a substantial loan to the agency running the Silver Line rail project to Dulles International Airport, enabling the Metropolitan Washington Airports Authority (MWAA) to lower projected toll rate increases on the Dulles Toll Road that are expected to cover 75 percent of the rail project’s estimated Phase 2 cost of $2.7 billion, a Virginia congressman said.
MWAA, along with Fairfax and Loudoun Counties, plans to submit a letter of interest by September 30 to the federal government for a loan under the Transportation Infrastructure Finance and Innovation (TIFIA) Act, which established a program that lends money for major transportation projects throughout the country.
Based on recent discussions with Transportation Secretary Ray LaHood, Representative Gerry Connolly (D-Va.) said he expects a loan to come through soon
“I’m very confident we’re going to be able to lock down a TIFIA loan for a fairly substantial percentage of the cost of the construction of Phase 2 by the end of this year,” Connolly said. “We know that [the loan] can’t exceed 33 percent of the cost of the project. It is my hope that it will be somewhere between 25 and 30 percent, but we have to see. We are in competition with other projects around the country as well.”
Effective January, the cost of a one-way, full toll is projected to rise to $2.75. In 2015, it increases to $4.50, with scheduled increases of $2 every five years.
“One of my goals is to move us from zero federal assistance to a substantial federal assistance so we can get the pressure of the toll users and the toll rates,” Connolly said.
There is currently no federal funding for Phase 2 of the Silver Line, which is expected to begin construction next year. The state of Virginia is providing $150 million. Fairfax and Loudoun Counties have allocated substantial sums, but three-quarters of the cost is expected to come from Dulles Toll Road users.
Because the project, which will extend to the airport and beyond into Loudoun County by the end of the decade, did not meet Federal Transit Administration criteria for expected ridership, the federal government was reluctant to provide any funding at all. After the project was split into two phases the government allocated $900 million for Phase 1, which will end at Wiehle Avenue in Reston, Va.
“One of the flaws in the financing of this project is that the Commonwealth of Virginia really hasn’t put up its own money. It has used our money in the form of toll revenue to finance its share and airports' [authority’s] share of this project, and that puts real upward pressure on toll rates,” Connolly said.
The Reston Citizens Association, which says it represents 58,000 Fairfax County residents, sent a letter on Monday to the MWAA’s chief executive officer, calling the recent public hearings the agency held “inadequate” considering the anticipated impact of higher tolls. The association is asking the MWAA to reduce the toll burden to 25 percent of the Silver Line’s Phase 2 cost.
The letter “details the harm the proposed toll hikes will do to the well being of toll road users, to the already serious congestion on local roads, and to the potential economic and tax revenue growth in the Dulles Corridor.” Opponents of the current financing structure say drivers attempting to avoid the higher tolls will seek alternate routes to work, further congesting already jammed secondary roads.
“[The] MWAA has a responsibility to address the variety of community concerns we enumerate and more. It is a far broader responsibility than building a 16-mile railroad. We are anxious to help you find new funding sources,” the RCA writes.
“The public needs to be heard. I think the Reston [Citizens] Association is absolutely correct,” Connolly says. “I share the Reston Association’s concern about the lack of accountability at MWAA.”
The MWAA's proposed toll hike is also the subject of a recent class action lawsuit, which argues that the agency does not have the legal right to raise tolls on drivers to pay for trains.
In recent months the embattled MWAA has publicized measures it has taken to improve transparency after reports of profligate spending and unethical practices by some members of its board of directors.
Wednesday, September 12, 2012
By Martin DiCaro : WAMU
(Washington, DC -- WAMU) The agency that's running the Silver Line rail project to Dulles Airport is holding public hearings on its plan to dramatically raise tolls on the Dulles Toll Road to pay for the project. But a Federal Court of Appeals will consider a lawsuit that could derail the project.
The class action suit argues the Metropolitan Washington Airports Authority (MWAA) does not have the legal right to raise tolls on drivers to pay for trains. Only an elected legislature can raise tolls in order to pay for something other than the maintenance and operation of the Dulles Toll Road itself, the suit claims.
"A toll is a user fee. That means you are using something and you have to pay for the service," says attorney Robert Cynkar, who will argue the case before a federal appellate court in October. "A tax is anything above that where money is being taken from you to raise revenue for another project."
The lawsuit doesn't address whether the Silver Line should be built. It's focused only on whether the MWAA has the authority to raise taxes, which is how Cynkar characterizes the toll hikes.
Under the Virginia constitution, elected officials are the only people who can vote to raise taxes.
But is a higher toll really a tax? To the drivers who will be paying them starting in January, Cynkar says the answer might be yes.
"The issue of whether the Metro rail is a good idea, whether it makes sense for the economy, how much it should cost and all that, are different issues," Cynkar says. "We just say that if you are going to build this thing and you need to get revenue for it, you have to do it the constitutional way."
A lower court dismissed the case in July. According to Don Williamson, a professor of taxation at the Kogod School of Business at American University, the toll increases might legally be considered taxes — but that doesn't necessarily mean the airports authority is in the wrong.
"The public as a whole could interpret any collection of revenue for any purpose to be a form of tax that they are paying to the government," Williamson says. "And it becomes merely a technicality whether we call that collection a tax or a user fee."
For its part, the airports authority "continues to believe the appeal lacks merit, and we will respond appropriately in court," said a spokesman in a statement. The MWAA filed a response to the original suit in April. But Williamson says the appeals court will have room to draw a different conclusion.
"This is a legal issue, not a factual issue, so the Circuit Court of Appeals has more ability to interpret the law differently," he says, "and disagree with the district court."
(Disclosure: one of the plaintiffs Cynkar is representing is an American University law professor. WAMU 88.5 is licensed to American University.)