The National Corridors Initiative, Inc.
Destination:Freedom

A Weekly North American Transportation Update

For transportation advocates and professionals, journalists,
and elected or appointed officials at all levels of government

Publisher: James P. RePass      E-Zine Editor: Molly McKay
Foreign Editor: David Beale      Webmaster: Dennis Kirkpatrick
 

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October 10, 2011
Vol. 12 No. 40

Copyright © 2011
NCI Inc., All Rights Reserved
Our 12th Newsletter Year

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IN THIS EDITION...   In This Edition...

  News Items…
APTA’s 2011 National Conference + Expo Draws 17,000
   Visitors To New Orleans
Michael Melaniphy Named New President Of American
   Public Transportation Association
Podcast - NCI CEO Jim RePass Reports From The
APTA Rail Conference in New Orleans
APTA Honors Individuals, Agencies For Public
   Transportation ‘Excellence’
  Ridership Lines…
Amtrak Ridership Expected To Exceed 30 Million
  High-Speed Lines…
Midwest Gets Boost From Feds
 
  Selected Rail Stocks…
  Transit Lines…
NJT Settles Dispute With FTA Over ARC Money
  Station Lines…
Grand Opening For New Transit Station In Cleveland
MBTA On Track To Build New Stations
  Legal Lines…
Judge Sends ‘T’ Dispute To A Jury
  Publication Notes …


NEWS OF THE WEEK... News Items...

“Taking You Further”, With A Call For Renewed Bipartisanship

 

APTA’s 2011 National Conference + Expo
Draws 17,000 Visitors To New Orleans

By DF Staff

NEW ORLEANS --- Over 5,000 registered guests and 17,000 attendees hit New Orleans this past week to see what has become “…the world’s largest and best public transportation exhibit” in the words of APTA leader William Millar, at the gigantic Morial Convention Center bordering the Mississippi River in downtown New Orleans.

“Taking You Further” was the largest conference of its kind, by several measures, in the history of the American Public Transportation Association; the conference itself is held yearly, but because if its huge size, and its display of full-sized rail cars, buses, and even locomotives, the Expo is only staged every three years. This year there were more than 750 exhibitors, triple the number at APTA’s first such Expo in 1981.

One major news item out of New Orleans: of the $8 billion authorized and appropriated for investment in American High-Speed and Intercity Rail under President Barack Obama’s $747 American Recovery and Reinvestment Act, fully $7.782 billion has been obligated. This means that Americans will soon start seeing, and in some cases already are, the “shovels in the ground” that mean Americans are being put back to work to re-build the country’s rail transportation infrastructure.

Another theme emphasized was the recovery of transportation services in New Orleans after Katrina. Barbara Major of the RTA Board of Commissioners spoke about the efforts of the entire community in the face of overwhelming odds. Katrina’s effect caused the loss of 251 buses; thirty-one red street cars had to be rehabilitated, fifty-five staff members were lost --- and this describes only a fraction of the challenges. The New Orleans Redevelopment Agency, working closely with Veolia, the Regional Transit Agency, had bus service was restarted in 34 days. In four months, partial street car service was running again. Help with equipment and money came in from all over the country, Major said.

The October 3-5 conference was also the last for outgoing APTA President William Millar, who has headed up the organization for 15 years, and overseen its steady growth in both good times and lean. Among many accomplishments, Millar changed the name of the association form “Transit” to “Transportation” a decade ago, communicating a broader definition of what “public transportation” really means, and ushering in an era of public transportation growth, and of increased awareness by the public of just how critical transportation is to the economic health of the nation.

One highlight of the three-day conference was an impassioned plea by former Wisconsin Governor and Amtrak Board Chairman Tommy Thompson, who noted that there is “no such thing as a Republican bridge or a Democratic highway.” Thompson, who is running for election to the United States Senate from Wisconsin, was highly regarded as Amtrak’s Board Chairman in the 1990’s, where he worked very closely with former Democratic Presidential nominee Michael Dukakis, and remains close friends with the former Massachusetts Governor, as did another GOP leader, former Meridian, MS Mayor and Amtrak Chairman John Robert Smith, also a former Chairman of the National Corridors Initiative, who now heads up the non-partisan Reconnecting America transportation advocacy and planning group in Washington, DC.

Keynote speakers at the conference included Federal Transportation Administrator Peter Rogoff, Louisiana Transportation Secretary Sherri LeBas, host transit authority CEO Justin Augustine III of the New Orleans RTA, outgoing APTA Chair Michael Scanlon executive director of CalTrain, APTA Business Board Chair Charles “Chuck” Wochele of Alstom Transportation, incoming APTA Chair Gary C. Thomas whose Dallas Area Rapid Transit system has grown into one of the largest light rail systems in the country despite early opposition, and newly elected APTA President Michael P. Melaniphy.


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Listen to NCI Chairman Jim RePass’ comments on High Speed Rail, the North-South Rail Link, and the importance of a fair and equitable transportation system to American democracy, on the Jeff Santos show on Revolution Boston.

Jim reports from New Orleans while at the recent APTA 2011 rail conference.


http://www.revolutionboston.com/podcast/2011-10/3016

Click above to listen in your web browser. Click the arrow button in the next window to start the podcast.


Click HERE to listen in your favotite MP3 media player or to download a copy for later.


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Michael Melaniphy Named New President
Of American Public Transportation Association

From Internet Sources

WASHINGTON --- Michael P. Melaniphy has been named President and Chief Executive Officer of the American Public Transportation Association, APTA’s Board of Directors announced shortly before this past week’s national conference in New Orleans.

He succeeds William Millar, who has led APTA for 15 years; Millar is retiring.

APTA’s announcement stated:

“With more than 23 years of public and private sector experience in the public transportation industry, he is a nationally recognized leader who has testified before Congress and given hundreds of presentations to organizations and universities in the United States and internationally.”

“Since 2001, Melaniphy has worked for bus manufacturer Motor Coach Industries, Inc., Schaumburg, IL.  In 2004 he was promoted to Vice President Public Sector and was responsible for a $250 million division with facilities in the United States and Canada.  He was directly involved in every stage of the product from development to production, sales and support.  He also served as MCI’s spokesperson in Washington, DC.

Prior to that, he managed public transit systems for 11 years, working for First Group, a public transit management company, and its predecessor companies. He joined in 1989 as a management development associate and was promoted to assignments of increasing responsibility. From 1998 to 2001, he was general manager of Charlotte Transit - Transit Management of Charlotte, Inc., in North Carolina, where he worked on the passage of the first dedicated public transit tax in the state as the result of a successful public awareness campaign. He served as director/general manager at Wichita Metropolitan Transit Authority - Transit Management of Wichita, Inc., in Kansas from 1994 to 1998, and at The Bus Company - Transit Management of Hamilton, Inc., in Ohio from 1991 to 1994.  From 1990 to 1991, he was assistant general manager of El Metro in Laredo, TX.   From 1988 to 1989, he worked at the DuPage County Department of Transportation in Wheaton, IL, as a transportation planning internship coordinator.”

“Melaniphy began his career in public transit while in college as a bus driver for the campus bus system at Indiana University in Bloomington, IN, where he was the team driver for the university basketball team coached by Bobby Knight. He graduated from Indiana University with a bachelor’s degree in business administration, transportation management, having studied under the legendary transportation professor George Smerk. He also holds a master’s of business administration and a postgraduate MBA Plus in transportation management from Wichita State University in Wichita, KS.”

“Very active in industry activities, Melaniphy serves on the APTA Board of Directors. He chairs the APTA International EXPO 2011 Committee and Awards Committee and is first vice chair of the Business Member Board of Governors. He also served on APTA’s Nominating Committee and critical APTA task forces including the Reauthorization Task Force, Framework for the Future Task Force, and Governance Task Force.

He is a member of the Transportation Research Board’s Transit Oversight and Project Selection (TOPS) Committee and currently serves as vice chair.  He is also a member of more than two dozen state and regional transit associations.  Melaniphy has been a guest lecturer at North Dakota State University’s graduate and Ph.D. transportation programs since 2008.  He also has been an elected member of the New York Transit Museum since 2006. Melaniphy currently resides in Illinois with his wife, Karen, and family.”


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APTA Honors Individuals, Agencies
For Public Transportation ‘Excellence’

From Internet Sources

NEW ORLEANS - On Tuesday, October 4, the American Public Transportation Association (APTA) presented its annual APTA Awards to several individuals and public transportation systems that demonstrated “great leadership and advanced the state of public transportation in North America,” association officials said in a prepared statement.

“As the ‘best of the best,’ the 2011 APTA Awards serve as role models of excellence to everyone in the public transportation industry,” said APTA President William Millar. “Their work in public transportation has made lasting contributions, not only for transit riders, but for the entire public transit industry.”

Among the honors, APTA presented the:

APTA also bestowed the Local Distinguished Service Award posthumously to Cameron Beach, a former member of San Francisco Municipal Transportation Agency who died in March 2011, and whose career included stints with local transit agencies and a Class I.


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RIDERSHIP LINES... Ridership Lines...  

Amtrak Ridership Expected To Exceed 30 Million

From The Register-Mail On The Internet
Staff Writer John Pulliam

GALESBURG, ILLINOIS, OCTOBER 5 -- Final figures will not be available for another week, but an Amtrak spokesman said last Tuesday that the national passenger rail service surpassed 30 million riders for the first time in its history for the fiscal year that ended September 30.

“We had previously said we anticipated and expected to surpass co million riders,” said Steve Kkulm, Amtrak’s director of media relations. “We can confirm that we’ve done that, but the final numbers are still being counted.”

“Factors contributing to the continuing success of Amtrak include high gas prices, growth in business travel on the Acela Express trains on the Northeast Corridor with free Wi-Fi service, and in general the increased appeal of rail travel and effective marketing campaigns,” he added.

The 30 million number of riders breaks the 28.7 million of the year before. Amtrak has had increases for eight of the past nine years and an overall 36 percent increase from FY 2000 to 2010.


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HIGH-SPEED LINES... High-Speed Lines...  

Midwest Gets Boost From Feds

Report from: Environmental Law & Policy Center

WASHINGTON, DC --- U.S.  Transportation Secretary Ray LaHood last week awarded a $196.5 million grant to the Michigan Department of Transportation (MDOT) for track and signal improvements between Detroit and Kalamazoo, MI.  These improvements will allow for speeds up to 110 mph on 77 percent of Amtrak’s Wolverine and Blue Water services between Detroit and Chicago, resulting in a 30 minute reduction in travel time between those destinations.  

“This is an important investment that will reduce travel time, improve reliability and on-time performance, and attract more passengers,” said Secretary LaHood. “We are creating jobs in Michigan, building our rails with American-made materials and growing the regional economy.”

Dollars for this 135 mile segment between Detroit and Kalamazoo will support preliminary engineering, final design and construction.  The project includes new, continuously welded rail and ties, fiber optic lines and infrastructure to support a positive train control system, rebuilding 180 highway-rail grade crossings, and gates and flashers at 65 private highway-rail grade crossings.  The project will create approximately 800 new jobs during the construction phase, which is expected to begin late spring 2012, and will facilitate service to current and future freight rail customers, including major shippers like Ford Motor Company.

“Investing in rail service will spark economic development in communities along a corridor linking Detroit and Chicago, two vital Midwest cities,” said Governor Rick Snyder. “A faster, reliable passenger rail system is a priority for younger generations and vital to Michigan’s ability to compete globally as businesses look to locate or expand. The rail improvements will also hasten the transport of freight, a priority for Ford Motor Company and other Michigan businesses along the route.”

“This funding will help move Michigan and the nation forward by making high-speed rail a part of our economic infrastructure,” said Senator Carl Levin. “Our economic competitors around the world have long enjoyed the benefits of high-speed rail service between their cities. They have demonstrated that high-speed service can create jobs and promote economic growth, and that it can provide a more energy-efficient alternative.”

“Construction of new high-speed lines will create jobs and generate more business activity in Michigan,” Senator Debbie Stabenow said. “This effort will not only boost our economy, it will provide residents with more transportation options. With gas prices as high as they are it is critically important that travelers have more choices in addition to driving.”

“The obligation of Michigan’s rail funding is a critical step forward for high-speed rail service from Detroit to Chicago,” said Congressman John Dingell.  “As a co-author of legislation that created one of the first high-speed rail assistance programs in the country, I believe rail is essential to maintaining and improving the economic competitiveness of the United States.  The development of rail and transit creates immediate and needed construction jobs, retains and recruits local businesses, and reduces our Nation’s dependence on foreign oil.  I thank Secretary LaHood, FRA and the Michigan Department of Transportation for their hard work on this project.”

In addition, MDOT is designated to receive $150 million DOT grant later this year to purchase this 135 mile segment of track, when grant conditions are met.  This will allow for the implementation of 110 mph service along the corridor that will bring improved passenger service, ensure capacity for freight operations through double tracking on the busiest freight segment and deliver long-term economic benefits to the State of Michigan.

The Wolverine and Blue Water routes are part of the Midwest rail network, which has a population base of about 29 million people 100-500 miles from one another.   Midwestern states have been working cooperatively together to plan and further develop an integrated, multi-state passenger rail network.   In addition to the goal of expanding service to new cities, trains in the system will travel at 110 mph on the primary routes and 90 mph on secondary lines, reducing travel time, and increasing reliability and on-time performance.


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STOCKS...  Selected Rail Stocks...

Source: MarketWatch.com

   This
Week
Previous
Week
Berkshire Hathaway B (BNSF)(BRK.B)71.7071.04
Canadian National (CNI)69.7466.58
Canadian Pacific (CP) 50.5048.09
CSX (CSX)20.0918.67
Genessee & Wyoming (GWR)50.2346.52
Kansas City Southern (KSU)54.5549.96
Norfolk Southern (NSC)64.8761.02
Providence & Worcester(PWX)11.5012.50
RailAmerica (RA)13.6713.03
Union Pacific (UNP)88.8081.67

Beginning August 29, 2011, we will be adding Berkshire Hathaway (BRK.B)
as an indicator for BNSF Railroad, as well as RailAmerica (RA).
 


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TRANSITLINES... Transit Lines...  

NJT Settles Dispute With FTA
Over ARC Money

By David Peter Alan

New Jersey Transit (NJT) has settled its dispute with the U.S. Department of Transportation (DOT) and the Federal Transit Administration (FTA) over funds advanced in 2009 for construction of the Access to the Region’s Core (ARC) project, which was never built. NJT Executive Director James W. Weinstein presented the proposed settlement to the agency’s Board of Directors at a special telephone conference last Tuesday. NJT agreed to pay $95 million to the FTA in five yearly payments of $19 million each.

The mood in Trenton and Washington stood in marked contrast to that of one year ago, when New Jersey Gov. Chris Christie negotiated with U.S. Transportation Secretary Ray LaHood and FTA Administrator Peter Rogoff over financing for the former project. Christie had rejected the package that LaHood and Rogoff had offered as insufficient to render the project affordable, and negotiations broke down. Now, Federal and New Jersey transportation officials appear to have made peace.

Until one year ago, NJT had planned to build new tunnels under the Hudson River between New Jersey and midtown New York, to a deep-cavern terminal that would not go to the existing Penn Station, connect with Amtrak or allow extension of the line to the East Side of Midtown Manhattan. Christie terminated the project last October over concerns about the cost of the project, which he said was excessive.

Former Gov. Jon Corzine had championed the project, which would have allowed more trains into midtown Manhattan at peak commuting hours, but would have sacrificed East Side access and West Side connectivity; two drawbacks which caused Christie to characterize the project as “flawed.” During the Corzine administration, work was begun on the project under two Early Systems Work Agreements (ESWAs). This meant that the FTA advanced money to NJT for work on the project before committing itself to provide full funding under a Full Funding Grant Agreement (FFGA). There was never any such agreement on the ARC project, because Christie terminated it before such an agreement could have been reached.

Last spring, the FTA demanded that NJT repay these advances, in the amount of $271 million, plus interest and costs. NJT argued that the FTA assumed this risk when it advanced the money. The settlement reached last week puts the matter to rest. Weinstein praised the settlement, saying that it would save New Jersey $170 million and preclude the state having to pay interest or further legal costs. The payments under the settlement agreement will not come from NJT’s operating funds.

The matter was settled at the administrative level, and no court papers were filed. On the money issue, NJT will have to pay 35¢ on the dollar of the FTA demand. A settlement at that level is generally considered a positive result for the defense.

A statement issued by USDOT on Friday, September 30th explained the settlement. “The $95 million settlement will permit DOT to recover all of the $51 million in New Starts money provided to New Jersey for the ARC Project, so that these funds can be made available to other communities for public transit projects. The amount also recovers approximately 50 percent of the funds provided to New Jersey under the American Recovery and Reinvestment Act, and this money will be returned to the United States Treasury,” the DOT statement said. In effect, the FTA is giving up approximately half of the money provided to New Jersey under the ARRA. For its part, New Jersey is returning the rest, including the money advanced from the New Starts Program; a series of payments that the cash-strapped Garden State would rather have avoided.

The parties also agreed that NJT would spend $128 million in CMAQ (Congestion Mitigation and Air Quality) funding for transit projects. The Lackawanna Coalition and the New Jersey Association of Railroad Passengers (NJ-ARP) recommended that rehabilitating and reinforcing the electrical system on the Northeast Corridor (NEC) between New York and Trenton be given top priority. The electrical system on the NEC, which uses overhead wires, is over 75 years old and uses 25Hz power. It has broken down several times, causing several service disruptions during the past few months, some of which lasted for hours. The organizations called on NJT to use the CMAQ money to upgrade the NEC electrification within its service area to modern standards, including the conventional 60Hz power now used on the Morris & Essex, Gladstone and Montclair-Boonton Lines.

The Lackawanna Coalition also called on NJT to build a less expensive tunnel project in stages, as it has proposed, if there is any money left over after the catenary has been upgraded to a state of good repair.

Other advocates sound cautionary notes. James T. Raleigh said that improved mobility requires cooperation between NJT and Amtrak, as well as between the metropolitan planning organizations in the region, the North Jersey Transportation Planning Authority (NJTPA) and the New York Metropolitan Transportation Council (NYMTC).

Joseph M. Clift, former Director of Planning for the Long Island Rail Road, criticized the FTA for encouraging the ARC project to move forward, “despite very clear FTA projections that project costs would vastly exceed available funding.” He expressed his hope that NJT would take a leadership role in cooperation with Amtrak “in pursuing affordable improvements in trans-Hudson mobility and critically-needed improvement to the NEC.” Clift also suggested that the $19 million that NJT must pay to the FTA in each of the next five years could be returned as the seed money to resurrect an improved trans-Hudson mobility improvement project; in effect, a new, affordable ARC.

As is customary at NJT, the Board approved the settlement, although Commissioner James S. Simpson recused himself. Simpson had been Administrator at the FTA in the Bush Administration, before coming to the New Jersey Department of Transportation as Commissioner. In New Jersey, the Transportation Commissioner also serves as Chair of the NJT Board of Directors.

In the meantime, rail advocates in the region continue to push for an affordable project that will eventually improve trans-Hudson mobility with new tracks to the existing Penn Station. In their opinion, the ARC project, over which the now-settled dispute developed, did not serve that goal. It is now time to move forward, now that the former ARC chapter is officially over.

David Peter Alan practices law in New Jersey and is Chair of the Lackawanna Coalition, which opposed the former ARC project and has advocated for an improved and more affordable trans-Hudson rail project.


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STATION LINES... Station Lines...  

Grand Opening For New
Transit Station In Cleveland

Design Of Station In Keeping With Slavic Culture Of Neighborhood

From Progressive Railroading And GCRTA Website

Greater Cleveland Regional Transit Authority (GCRTA) officials plan to dedicate a new East 55th Street station on Tuesday, Oct. 11, at noon.

The $9.4 million facility required seven years of planning and took one year to construct. It is one of the few stations that serves the Red, Blue and Green lines, as well as eastside and westside transit and bus-to-rail service, GCRTA officials said in a prepared statement.

The new parking lot and entrance allows buses and automobiles to drop passengers off right at the door of the station. Also new to the station is a center platform that allows convenient transfer between the Red, Blue and Green line transit without having to cross the tracks. At over 800 feet in length, the platform was a major piece of engineering, the officials said in their statement.

East 55th St Station

Photo: GCRTA

East 55th St Station

The modern design was selected to embrace the future of its surrounding neighborhood. The stone façade was selected to represent the many churches in the E. 55th vicinity.

Public art surrounds the facility, with the structure’s purple and cement façade serving as an art form in itself. Art featured includes a mural titled “Space, Speed and Time,” along with red figures that appear to move as your train arrives and departs the station.

During the development stages, a great deal of collaboration and planning took place between RTA and the Slavic Village Development Corporation, residents and stakeholders. City Councilman Anthony Brancatelli, Ward 12, was instrumental in bringing things together between the City and RTA. 

The ADA-accessible station is not only an icon in the Slavic Village neighborhood, but will also be as versatile as it is aesthetically pleasing. Construction called for a move to the southeast corner I-490 and East 55th St., making for a more visible landmark and providing easier access to pedestrians and vehicles.


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MBTA On Track To Build New Stations

From An Artricle By Richard Weir – Boston Herald
And DF Staff

MBTA officials have obtained a green light to start construction on two subway stations, including a new $56.5 million stop at Assembly Square on the Orange Line. The area is slated to include a planned village of condos, stores, a hotel and a multiplex theater in a depressed part of East Somerville.

Assembly Square, the first entirely new MBTA stop within the MBTA subway system since the construction of the Science Park station on the Green line in 1955, will be funded with a $15 million contribution by the developer, $25.5 million in state funds and a combination of federal funds. The MBTA will not pay directly for its cost, officials said.

Edmond Hunter, the T’s head of design and construction, told the MBTA board of directors the station should eliminate as many as 2,000 auto trips each weekday by as many as 5,400 riders by 2030.

“Although located just (2.5) miles north of downtown Boston, in a high-volume commuter corridor surrounded by densely populated communities, Assembly Square for decades has been physically isolated and marked by blight conditions,” Hunter said before the board approved a $29 million payment to S&R Construction Enterprises to build the station.

Board member Elizabeth Levin pushed for sidewalks. “It’s not really walkable,” she said.

The MBTA board also approved paying $26.3 million to Barletta Heavy Division to reconstruct the Orient Heights Station in East Boston om thje Blue Line. It will be closed for more than six months during the 28-month-long, $50 million project, paid for largely from federal funds.

The station is located adjacent to the Blue Line’s maintenance and storage facility for the Blue Line’s rolling stock, and immediately adjacent to the town line of Winthrop, Massachusetts.

Both stations will feature elevators, escalators, “green roofs” to minimize storm run-off and energy-efficient fixtures. Orient Heights will also have a solar panel system expected to generate 20 percent of the station’s peak power needs.

The project will continue an ongoing process of station modernization. Previous efforts have seen numerous stations rebuilt on the system’s Red Line.

The Assembly Square station — to be finished by fall 2014 — is an offshoot of a planned 65-acre development that will include 2,100 residences, 1.75 million square feet of office space, 600,000 square feet of retail space and a hotel/movie theater complex, as well as parkland along the Mystic River.

It will be immediatrly adjacent to the current assembly Square Shopping Mall and located about halfway between Sullivan Square and Wellington Square stations.

State Transportation Secretary Richard Davey noted the transit-oriented development — to be called Assembly Row — is “the largest of its kind in the East, maybe in the United States.”


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LEGALLINES... Legal Lines...  

Judge Sends ‘T’ Dispute To A Jury

Woodlock Cites “Less Than Complete Record” On Railroad Ties

From An Article By Jack Sullivan
Commonwealth Magazine -
www.commonwealthmagazine.org
And DF staff

A federal judge has set November 7 for a jury trial date in the MBTA’s $91.5 million law suit against the maker of faulty concrete ties on its Old Colony commuter rail branch. Judge Douglas P. Woodlock offered a “less than complete record” has made it impossible for him to determine if the agency had the 15-year warranty it claims it had.

“In a review of the record regarding the warranty applicable to the parties’ agreement, it is apparent that fact finding will be necessary to resolve the underlying factual dispute as to whether the parties entered into a limited warranty as contended by the defendant,” wrote Judge Woodlock in his terse order, which was issued last week .

Woodlock had ordered the MBTA (the ‘T’) to submit all of its records regarding the original request for purchase and the contract, but said the documents contain nothing that would dispute the contention of Denver-based Rocla Concrete Ties nor support the MBTA’s version. He said the facts are going to have to be determined by a jury, though he indicated he could still rule on Rocla’s motion to dismiss after all the facts are presented.

The MBTA filed suit against Rocla last year after failing to convince the company to cover the costs associated with replacing nearly 150,000 defective railroad ties along the Old Colony Commuter Rail line. The T says Rocla, claimed in its marketing that the ties would last 50 years, but they began breaking and crumbling less than 10 years after installation. The T, though, could not show Woodlock definitive records upholding its claim about Rocla’s marketing.

Rocla, which denied ever pitching a 50-year life span, sought summary judgment as well as a motion to dismiss the suit, submitting memos and communications that indicated T officials agreed to reduce the warranty. Rocla officials said that, when they negotiated the sale in 1995, they reached an agreement with MBTA officials for a limited three-year warranty that capped the company’s liability at no more than $9 million, the cost of the original ties.

The Old Colony lines, running from Kingston/Plymouth and Middleboro/Lakeville in Massachusetts, began operation in the fall of 1997 and the first defective ties were seen in the spring of 2007. After engineering studies and talks with Rocla officials, the T determined a faulty mix of concrete was responsible for the faulty ties and decided to replace all the concrete ones with wooden ones.


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END NOTES...  Publication Notes...

Copyright © 2011 National Corridors Initiative, Inc. as a compilation work and original content. Permission is granted to reproduce content provided acknowledgements to NCI are given. Return links to the NCI web site are encouraged and appreciated. Color Name Courtesy of Doug Alexander. Content reproduced by NCI remain the copyrights of the original publishers.

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