In today's edition of Purple Line NOW News, here's what you'll find:

• What We Know -- Purple Line Construction Status

Stay Safe!

All of us here at Purple Line NOW hope that you and your loved ones remain healthy during this pandemic. Please, stay safe!

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Please feel free to share this newsletter - no permission from us needed! You can always find a link to our newsletter on our Purple Line NOW website which makes it easy to share with your friends, neighbors, constituents, customers, and employees.

CONSTRUCTION NEWS TO KNOW

What is the status of Purple Line construction?

First, the bad news: the current group of firms building the line, the Purple Line Transit Constructors (PLTC), is threatening to leave the project if they are not granted additional funding and time to accommodate external challenges. If negotiations are not successful, the concessionaire, the Purple Line Transit Partners (PLTP), would have to find a new firm to lead the construction effort. As you probably know, the current plan is to open the College Park to New Carrollton portion of the line in late 2022 and the section from College Park to Bethesda (via Silver Spring) in 2023. However, last Friday’s news may cast those dates into doubt.

The good news is that, according to the latest round of Community Advisory Team (CAT) presentations, 28% of the construction is now completed. Much of the early work focused on preparing the right of way and utility location, which is particularly challenging in the dense environment along the 16.2-mile Purple Line corridor.

However, there are also many tangible signs of progress, from the excavated Manchester Tunnel to the replacement of the Lyttonsville Bridge, to the soaring elevated track that crosses over Rt. 29 at the Silver Spring station. The railcars themselves have also made progress, with assembly occurring in New York and testing planned for later this year in the Prince George’s county rail yard.

The current round of Community Advisory Team briefings is ongoing, so do check them out to see status updates specific to your community and new renderings of what the line and stations may look like upon completion. We will bring you highlights from those presentation in future newsletters, but for now, if you visit the website, you can view some newly added renderings like the one below of the Bethesda Station we highlighted in our previous newsletter.

Image Courtesy of MDOT MTA and PLTP

For now, here are four questions and answers that may help explain what is happening and what it may mean as we move forward.

Who are the Purple Line Transit Constructors?

The Purple Line is being built by a consortium of private companies that have entered a Public-Private Partnership (P3) arrangement with the state of Maryland. That partnership is contracted to last 36 years and includes the design, build, operations, maintenance, and finance of the Purple Line, but Maryland retains ownership.

The concessionaire (Purple Line Transit Partners or PLTP) employs another team of companies responsible for the design and building of the project. Those builders are called the Purple Line Transit Constructors (PLTC).

To differentiate these rather similar acronyms, for our purposes here, we will refer to the concessionaire as the Purple Line Transit Partners and the builder as the Purple Line Transit Constructors. The Constructors are also made up of several companies: Fluor, Lane, and Traylor. If the departure of the Purple Line Transit Constructors should go through, the concessionaire would have to find a replacement for the builders' lead contractors, but the P3 arrangement would still be in place. That said, one complication is that one of the builders, Fluor, has a minority (15%) stake in the larger concessionaire, as well. It is not yet clear whether Fluor’s role with the concessionaire, or as a subsequent operator, would change.

Here are two graphics that may help explain the structure.

Source: Glenn Orlin (2013) “Briefing~Purple Line public-private partnership”, p. 4

Source: MTA, Public-Private Partnership-P3

What are the sources of delays and new costs? 

In their letter last week to the state of Maryland, the Purple Line Transit Constructors focused on events that are beyond their control: the suspension for over a year of the Record of Decision that was necessary to receive a critical federal matching grant at the behest of litigious opponents; delays in acquiring the right of way and related easements; changing requirements and slow responses from the CSX freight rail company regarding a crash wall; and finally, alleged changes to the way Maryland enforced environmental rules relating to ponds.

Additionally, according to an article in the Washington Post (April 15, 2020), the builders had warned that delays and costs stemming from COVID-19 related safety measures may lead to a Force Majeure ("Act of God") claim, but that issue was not included in the letter. 

Maryland has disputed some of these criticisms in the past and also argued that, even when external events were clearly to blame, the Purple Line Transit Constructors could have done a better job of adapting to circumstances. Nonetheless, as Katherine Shaver reported in the Washington Post (May 1, 2020), the Maryland Transit Administration has acknowledged the need for negotiations to address delays going back to the lawsuit that prompted delays. Likewise, the Constructors' estimate of $130 million in costs from the lawsuit aligns with MTA’s warnings to Judge Leon of the cost of suspending the Record of Decision.

Why have the negotiations dragged on so long?

The difficulty in negotiations has been reported in prior years and has already led to a new CEO of the concessionaire last year. Some progress has been made – last summer, the state granted a five-month delay, but did not reach any accord on cost relief. According to the concessionaire, as reported in Bethesda Magazine (May 1, 2020), a possible agreement had been reached in December, but has since broken down. Fortunately,  work continued even through those disputes, which has allowed the project to reach that 28% completion mark.

The challenge now is that there is much that a Public-Private Partnership (P3) can do, but contractual incentives on their own cannot entirely overcome the challenges of building things in America (E. Klein, "Why We Can’t Build", Vox, April 2020). P3s try to distribute risk to those that have the best ability to manage it, and the agreement has given Maryland a strong hand to control costs and schedule.

Governor Larry Hogan, before committing to building the project, had prioritized achieving cost reductions. The builders chosen for this project had been part of a team putting in the lowest cost bid and appear to believe that they are at risk of losing more money if they stay on the project than if they leave. This conflict, particularly in shared risk areas, does not play to the strongest points of a P3. As Patrick Sabol and Robert Puentes wrote for the Brookings Institute ("Private Capital, Public Good", December 2014), “[P3]s are rarely the lowest-cost way to procure infrastructure for several reasons… Despite these limitations, a well-structured PPP can deliver better value for the public dollar.”

So, what happens next?

The best-case outcome would be the Purple Line Transit Constructors, the Purple Line Transit Partners, and the state of Maryland come together to complete an agreement that preserves the partnership and maintains good stewardship over public funds. The 60- to 90-day departure window means that time is short, but much of the groundwork has been already laid.

In the meantime, reporters will continue to cover the issue and to see whether either side is being intransigent or is making unrealistic cost claims. Replacing the Purple Line Transit Constructors will take time and, given the roughly half a billion-dollar gap between the concessionaire’s bid and those of other competitors, whether the current builder is retained or a new builder is selected, costs will likely rise.

However, the progress that the Purple Line Transit Constructors has already made, combined with commitments by the Governor, the Maryland Transit Administration, Montgomery and Prince George's counties, and the Purple Line Transit Partners, mean that while this disagreement is a threat to the project schedule, if handled properly, should not endanger the project itself. The concessionaire’s search for potential new builders will also inform the ongoing negotiations. If other vendors are eager to step in, that would strengthen Maryland’s hand. Alternatively, if other vendors are hesitant, that would give greater weight to the figures cited by the current builder.

In the meantime, Purple Line NOW calls on all parties to resolve this longstanding dispute and focus on delivering the best value for the people of Maryland.

PURPLE LINE NOW NEWS AND EVENTS

The Next Purple Line NOW Forum: Getting Ready for the First Purple Line Ride

We are working on bringing an online webinar or presentation to you later this summer, so please stay tuned for further details and a date!

Can You Help Purple Line NOW Continue Its Work?

Purple Line NOW still needs your donations during the year and we appreciate every penny donated. If you would like to make a donation, you can do so by clicking on the black donate button below. Thank you!

DONATE

We are grateful for ALL of our donors - thank you, thank you, for stepping up to help Purple Line NOW continue its work!

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Make sure you are signed up for timely alerts from Purple Line NOW via our Twitter and Facebook pages, and at our website Purple Line NOW.

Some great news came our way today and we wanted to share it with you as soon as possible!

Yesterday, the Montgomery County Council unanimously approved the funding needed to build the trail tunnel for bikers and pedestrians. The tunnel, which will run adjacent to the Purple Line, will carry a price tag of $54.9 million and open in 2026, three years after the light rail begins operation in order to accommodate budget funding already targeted for school construction.

While the delay in completion is unfortunate, we appreciate the Council's resolve in seeing this through and its approval is heartening and justified.

Purple Line NOW has been working behind the scenes to advocate for the tunnel and we were happy to co-sign a letter along with a number of other advocacy organizations urging the Council to fully fund the Capital Crescent Trail tunnel under Wisconsin Avenue.

We know many of you helped in that effort. Thank you to everyone who contacted their Councilmember on behalf of the tunnel -- they heard you! And, thank you to the Montgomery County Council for recognizing how important the tunnel is to our region.

Have a safe and happy weekend!

In today's edition of Purple Line NOW News, here's what you'll find:

• Third and Final Lawsuit Against Purple Line Dismissed
• New Crash Wall to Raise Costs and Increase Timeline?
• Overview of Bethesda/Chevy Chase Community Advisory Team Meeting

Stay Safe!

All of us here at Purple Line NOW hope that you remain healthy during this difficult time. Stay safe!

Share This Newsletter

Please feel free to share this newsletter - no permission from us needed! You can always find a link to our newsletter on our Purple Line NOW website which makes it easy to share with your friends, neighbors, constituents, customers, and employees.

CONSTRUCTION NEWS TO KNOW

Third and Final Lawsuit Against Purple Line Dismissed

The final lawsuit, filed by opponents of the Purple Line, which argued that the U.S. Army Corps of Engineers had “improperly allowed construction crews to discharge dredge and fill into streams” was rejected by a federal judge in Maryland. You can read more about the lawsuit and the dismissal in an article by Katherine Shaver in the Washington Post.

Purple Line NOW’s Vice President Greg Sanders says, "We are gratified that the courts have dealt yet another defeat to scorched earth attempts by opponents to turn regulations meant to protect the environment against a project estimated to take 17,000 cars off the road a day. Judge Bredar's summary judgment incisively notes that project opponents 'have not provided any coherent justification for their position that bus-rapid transit should have been built instead.' The concessionaire has reported that an earlier lawsuit by some of these plaintiffs delayed the project 266 days and cost the state about $200 million. We are relieved that this latest suit was unsuccessful in its attempt to do further harm."

New Crash Wall to Raise Costs and Increase Timeline?

You may have seen the headline in the news lately that the Purple Line contractor is requesting additional time and money to build a crash wall – a wall that is built alongside the tracks to absorb the force of a train derailment and protect nearby buildings, pillars, etc. The crash wall was in the original contract; however, the type of crash wall now being requested by CSX Transportation is different than what was previously stipulated, and the cost and time overrun comes as a result of this new request. As you may know, the Purple Line tracks will run next to the CSX tracks at certain points along the route.

You can read more about the details of how the concessionaire has been trying to work with CSX in the Washington Post, which reports that proposed solutions in line with the original cost have been rejected. MTA says it has been "actively engaged in discussions" to minimize costs and delay. We are hopeful that efforts to mediate the problem will be successful and that, as they have done in the past, crews will be able to accelerate other areas of construction to accommodate such delays. However, a lot is still unknown, including whether any work delays because of COVID-19 pandemic-related safety measures will affect the project’s timeline.

Bethesda/Chevy Chase Community Advisory Team

As we reported in our previous newsletter, to be in compliance with Governor Larry Hogan’s COVID-19 guidelines to limit public gatherings to less than 10 people, MDOT MTA and the PLTP informed the community that CAT (Community Advisory Team) meetings "will not be held in our typical in-person meeting format but prerecorded and posted to purplelinemd.com.”

First up was Bethesda/Chevy Chase and the presentation was posted on April 14. You may view the entire presentation at purplelinemd.com, but here is a brief overview of the information that was shared.

Gary Witherspoon, MDOT MTA Public Outreach & Communications Deputy Project Director, Carla Julian, PLTC Sr. Manager Public Affairs/Community Outreach, and Mark Edsall, PLTC Area 1 Project Engineer provided the information that included an overview of the project status and construction progress.

The project construction is nearly 30% complete and MDOT MTA says the plan is to open in two phases:

• Phase 1 by December 2022 with 6 operational stations from New Carrollton Metro to College Park Metro
• Phase 2 by mid-2023 when the remaining 15 stations will open

Regarding ongoing work on the Purple Line during the COVID-19 crisis, officials at MDOT MTA responded that, “The State considers commercial and residential construction companies as essential to still operate during Maryland’s State of Emergency. As the Purple Line falls into this category, work will continue to move forward with additional safety measures in place to keep our staff and the public safe.”

Last year, we reported that the first LRV (Light Rail Vehicle) had just begun testing, but we are happy to learn that it is now “60% through testing in Elmira, New York and will head to the Glenridge Operations and Maintenance Facility in Prince George’s County for local testing in late 2020.”

Here’s an exciting visual from the presentation – a rendering of how the Bethesda Station might look when it opens. Although the Art-in-Transit selection is not yet featured and this only a rendering, it does give us a glimpse of things to come!

Image Courtesy of MDOT MTA and PLTP

Purple Line riders can walk into the station directly from Woodmont Avenue or take an elevator or escalator from Wisconsin Avenue down to the Purple Line platform. Riders who are continuing onto the Metro will be able to go down to the future mezzanine to access the Bethesda Station. The presentation noted that "during construction of the future mezzanine, riders can access the metro by walking along Wisconsin or Woodmont Avenues.”

Another rendering, below, of the Connecticut Avenue Station shows that this station has what is called a “side loaded platform” with crosswalks to access both “inbound and outbound tracks.” Very exciting to see these renderings -- we are looking forward to more of them as the Community Advisory Team meetings cycle through the different stations over the next few weeks!

Image Courtesy of MDOT MTA and PLTP

The presentation highlighted much of the work that has been done over the past six months – much of it visible when we were out and about. Some of that work included continued construction of utility relocations, storm drainage installations, construction of retaining walls, and foundations for noise walls.

To see an expanded list of construction that has been done along this part of the corridor over the past half year, do not forget to view the full presentation.

In terms of what is coming in the next six months, blasting for the Bethesda Shaft is scheduled to resume in May or June and will facilitate the excavation of the cavern that will connect the Purple Line to the Red Line. (Notice will be provided in advance of blasting activities.)

Along Pearl Street, the pedestrian bridge construction will begin. Retaining walls, storm drainage installation, and utility work will continue. Bridge girders for Chevy Chase Lake Drive Bridge will be set sometime in the next few months. On Jones Mill Road, Phase 1 construction will be completed and traffic patterns will change as they begin Phase 2 construction mid to late summer.

Again, more details and specific area information can be found on the purplelinemd.com website.

Next issue, we will be bringing you a recap of the College Park presentation. In the meantime, while you're out on your daily walks, snap a few pics of Purple Line progress and send them our way (with photo credit information) and we'll print as many as we can in upcoming issues!

PURPLE LINE NOW NEWS AND EVENTS

The Next Purple Line NOW Forum: Getting Ready for the First Purple Line Ride

As you know, our April 15 forum was postponed due to the COVID-19 pandemic, but rest assured we are working on bringing all the good information to you in the form of an online webinar or presentation. We are working on the details, so please stay tuned for further details and a date!

Can You Help Purple Line NOW Continue Its Work?

Purple Line NOW still needs your donations during the year and we appreciate every penny donated. If you would like to make a donation, you can do so by clicking on the black donate button below. Thank you!

We are grateful for ALL of our donors - thank you, thank you, for stepping up to help Purple Line NOW continue its work!

Get Connected!

Make sure you are signed up for timely alerts from Purple Line NOW via our Twitter and Facebook pages, and at our website Purple Line NOW.

In today's edition of Purple Line NOW News, here's what you'll find:

• Important: April 15 Forum POSTPONED
• Update on Purple Line Community Advisory Team Meetings
• Progress in Photos Along the Purple Line Corridor

April 15 Forum -- POSTPONED

IMPORTANT: In case you missed our announcement two weeks ago, please be aware that we have postponed our April 15 Forum, Getting Ready for the First Purple Line Ride, due to the COVID-19 pandemic. Please stay tuned for details as we look for different ways to get the information to you -- perhaps through an online webinar or call-in event -- we will keep you posted. In the meantime, all of us here at Purple Line NOW hope that you remain healthy during this difficult time. Stay safe and wash those hands!

Share This Newsletter

Please feel free to share this newsletter - no permission from us needed! You can always find a link to our newsletter on our Purple Line NOW website which makes it easy to share with your friends, neighbors, constituents, customers, and employees.

CONSTRUCTION NEWS TO KNOW

An Update on Spring Community Advisory Team Meetings

Members on the Community Advisory Teams (CATs) were notified this week by MDOT MTA and Purple Line Transit Partners (PLTP) that in order to be in compliance with Governor Larry Hogan’s COVID-19 guidelines to limit public gatherings to less than 10 people, "the upcoming Purple Line CAT meetings will not be held in our typical in-person meeting format but prerecorded and posted to our website purplelinemd.com. The material presented will follow our typical format to provide an update on the current progress of the Purple Line project."

The meetings are scheduled to begin the week of April 13 and expected to conclude by May 22. CAT meeting presentations will be posted weekly and each CAT area will be "notified one week in advance, as well as when the video is available for viewing." They are asking team members to submit questions within one week after the presentation is posted to [email protected]. The Purple Line team will then compile the questions and responses which will be also posted online.

Purple Line NOW will continue reporting on the presentations as we have done when they were held in person. As noted, there will be an opportunity for the mix of community organizations represented on the CATs to ask questions, but if you have a question about construction or the Purple Line that you would like us to amplify, please let us know. Make sure to include the station or area about which you are inquiring and we'll make sure your question is raised following the CAT meetings.

Progress Along the Purple Line Corridor - Send Your Photos In!

We had a great response to our request in the previous newsletter for you to snap a few photos to send to us of the Purple Line progress you see happening as you are out on your daily walks (and practicing social distancing!) As we mentioned, because commercial and residential construction has been deemed essential, Purple Line construction continues. Your photos have been a nice way to see the progress along the corridor from our homes during this quarantine.

We'll try to publish as many photos as we can - don't forget to caption your photo and let us know to whom we should give credit! Send photos to: [email protected].

This edition's montage comes from two of our readers, Scott Bonney and Scott Sheck, and PLN's Board President, Ralph Bennett. Thank you to each of them for these fantastic images!

Mr. Bonney says, "here are two recent photos of the massive amount of construction around the Bethesda Purple Line Station, with the 24-story high Wilson mixed-use retail/office building topped out and nearly fully glazed. The 29-story high Elm apartment building is on the right side, about six stories from being topped out. Both will overlook the Purple Line Station and the new south entrance for the Red Line in a large new plaza. The foundations of the 24-story Avocet Tower, an office building and AC Hotel are in the foreground of the second photo."

Photo Courtesy of Scott Bonney

Photo Courtesy of Scott Bonney

The following photos of the bridge in the Discovery District in Riverdale Park come to us from Scott Sheck .

Photo Courtesy of Scott Sheck

Photo Courtesy of Scott Sheck

This following photos are of the BW Bridge, the Kenilworth Avenue Bridge, and the Silver Spring Metro Bridge, respectively.

Photo Courtesy of Ralph Bennett

Photo Courtesy of Ralph Bennett

Photo Courtesy of Ralph Bennett

PURPLE LINE NOW NEWS AND EVENTS

IMPORTANT: We are postponing our April 15 Forum, Getting Ready for the First Purple Line Ride, due to the COVID-19 pandemic. Please stay tuned for details as we look at different ways to get the information to you -- perhaps through an online webinar or call-in event -- we will keep you posted.

Can You Help Purple Line NOW Continue Its Work?

Purple Line NOW still needs your donations during the year and we appreciate every penny donated. If you would like to make a donation, you can do so by clicking on the black donate button below. Thank you!

DONATE

We are grateful for ALL of our donors - thank you, thank you, for stepping up to help Purple Line NOW continue its work!

Get Connected!

Make sure you are signed up for timely alerts from Purple Line NOW via our Twitter and Facebook pages, and at our website Purple Line NOW.