http://bostonglobe.com/metro/2011/1...e-maker-for/ztTneKuBYNU2boEVFujKBP/story.html
T settles suit with rail tie maker for $6m
Deal is $85m less than what was first sought
By Travis Andersen
| Globe Staff
November 11, 2011
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The Massachusetts Bay Transportation Authority has settled its lawsuit against the manufacturer of faulty ties on the Old Colony commuter rail lines for $6 million, far less than the $91.5 million the authority had initially sought for repairs.
According to a settlement agreement reached at the end of last month with Rocla Concrete Tie Inc. of Denver, the company agreed to pay $2 million to the MBTA by Nov. 7, and the remaining $4 million over a period of about four years.
The MBTA has received the first $2 million, a spokeswoman, Lydia Rivera, confirmed last night.
In a written statement, the authority said it still believed that Rocla should have paid the full cost of the repairs.
“While the MBTA believes Rocla should pay these costs, there is no guarantee a court would agree with the MBTA, Rocla could never afford to pay such a large judgment and would surely file for bankruptcy, [and] a trial and appeals would go on for years and be very costly to the MBTA,’’ the statement said.
“This result is in the best interests of the MBTA, its customers, and guarantees the payment of [$6 million] as damages without risking a trial and incurring attorneys’ fees.’’
Lawyers for Rocla did not return messages seeking comment last night.
The authority filed suit against the company in May 2010, after officials first began noticing the failing ties in 2007.
In 2008, the MBTA and the Massachusetts Bay Commuter Railroad Co., the contractor that runs the commuter rail system, began regular track inspections and piecemeal replacements of concrete ties, the horizontal supports that hold the metal rails in place.
The problems with the ties were first reported in 2009 by CommonWealth Magazine.
Rivera said in e-mail last night that the tie repairs are “99 percent complete.’’
Rocla marketed the ties with a 50-year lifespan and sold them to the T for $9 million with a 15-year warranty, but several thousand began failing just a decade after the Old Colony commuter lines resumed service in 1997. The MBTA sued the company for negligent misrepresentation, unfair or deceptive trade practices, and breach of warranty.
In a June 2010 court filing, lawyers for the company said the “methods, standards, and techniques Rocla used in designing and manufacturing the concrete railroad ties it supplied to the MBTA conformed to the generally recognized, reasonably available, and reliable state of knowledge in the field at the time that said ties were sold.’’
Travis Andersen can be reached at tandersen@globe.com. Follow him on Twitter @TAGlobe.
Mob ties. It's like that Simpsons episode where Fat Tony built the ADA ramps at Springfield Elementary out of paper mache and bankrupted the school system. It was Big Dig-era construction, no?
How freaking hard is it to resurface pavement? Get one of those MassHighway expressway scrapers down there to chop a layer off and groove the concrete, then interrupt service on weekends to piecemeal pour a new surface. They are clearly trying to pretend this problem doesn't exist to keep from layering yet another Big Dig contractor fraud on the pile. Might as well come clean that they got taken on the Transitway before the speed restrictions dip to the 10 MPH mark. They already took their medicine on the commuter rail concrete tie settlement. If they're out the warranty on the pavement it can't be any worse than the bath they took this week on the tie settlement.
On a different thread (I think) someone (Sicilian?) challenged me to find evidence that the SL tunnels were built to specs with a rail conversion in mind. I still haven't been able to find this and it's bothering me quite a bit. Any help?
The bumps in the tunnel cause you to bounce uncomfortably -- but they don't make you late for your plane
But its bad press.
Its like having the red line go across the longfellow at 20mph, when cars drive by at 40mph.
Or having the worcester line go along the highway at 45mph when cars are doing 65mph.
It says "transit is slow, drive if you can"
There is no weather to be had on the blue line either. Cold, yes, but it's all covered.
I've said this time and time again on here - the Silver Line is far superior to the Blue Line for access to Logan. It drops you off literally at your terminal's doors. The heavy rail connection (Airport, BL) at Logan is absolutely pathetic. It is highly unfortunate that the station isn't closer to the actual complex and isn't linked internally via skybridge.
Thanks for the insight, whig. That's how I was picturing it could work too. It would be really nice to have Central Parking and the subway connected like that. At what part of Logan's development was this proposed?
I also agree Briv, it gets really miserable by E at high-traffic times. The SL isn't perfect, but it's a great amenity for Logan to have.
In addition, I think once Massport gets the new shuttle buses (if they haven't already) and when the consolidated car rental facility is open, getting a shuttle bus to the Blue Line will be a better experience for someone going to Boston and/or not needing the Red Line.
As it is, my current travels usually having me going in and out of Terminal E which, as mentioned, can be a bit hellish for getting on the Silver Line. The only good thing is that once you're on, there are no more stops at the airport.
T reports surge in ridership continued in October
11/30/2011 11:54 AM
By Jaime Lutz, Globe Correspondent
Public transit ridership in Boston continued to surge last month, the Massachusetts Bay Transportation Authority said today.
In October, 1.348 million passenger trips were made on average every weekday, up 3.2 percent over the same period the year before, Acting MBTA General Manager Jonathan Davis said in a statement.
October’s numbers fell just short of September’s, when an 1.349 million trips were made on average every weekday -- the highest monthly levels ever.
The September-October ridership figures, combined, were the highest ever recorded for a two-month period by the T, the country’s fifth busiest public transportation system, officials said
Ridership grew on the Red, Orange, and Blue lines, as well as on the system’s bus lines, compared with the same period a year before, officials said. The bus system carried people on an average of 398,500 trips on weekdays. That was the highest level in nearly seven years, Davis said.
Throughout 2011, ridership has been higher than 2010 in 9 out of 10 months, he said.
The MBTA attributes the ridership growth to a rebounding economy and employment levels, as well as new technologies that enable riders to track train and bus locations in real time, Davis said.
Jaime Lutz can be reached at jaime.lutz@globe.com.