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Metrolinx: Bombardier Flexity Freedom & Alstom Citadis Spirit LRVs

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In the engineering world, a vehicle that meets the basic requirements is consider good enough. It doesn't have to be high quality. Lawyers aren't engineers and would want to avoid technical "stuff" as they don't understand it as well.
 
Is this comment from an actual judge, i.e. someone who went to law school? That's one of the stupidest statements I ever heard...does the contract say the vehicle needs to be in condition X and delivered at date Y, or does it not? Does the contract say all deadlines are void if "there isn't urgency since Metrolinx doesn't have tracks"?

It can matter.
Metrolinx says that Bombardier is 2 years late on the delivery. Then why was it 18 months before Metrolinx did anything? And when they did, they jumped right to contract cancellation, instead of dispute resolution? It could be reasonable for a judge to look at something like that and determine that Metrolinx was giving implicit approval for the longer timeframe, as Metrolinx simply wasn't ready.
 
It can matter a great deal. In construction contracts, a Notice of Default must be issued promptly and there is very specific language in CCA contracts that cover when it should be issued. I would say that issuing a Notice of Default after a contractor is "2 years late" is a little fishy.

Generally speaking, once a contractor issues the Notice of Default, it includes a time-frame for the alleged defaulter to respond and provide a mitigation plan, or else be held in default. If they don't do anything, or if what they do does not satisfy the issuer, then a Notice of Termination can be issued. Many contractors also issue less formal "Notices of Concern" preceding a Notice of Default, to help establish a paper-trail in advance.
 
It can matter.
Metrolinx says that Bombardier is 2 years late on the delivery. Then why was it 18 months before Metrolinx did anything? And when they did, they jumped right to contract cancellation, instead of dispute resolution? It could be reasonable for a judge to look at something like that and determine that Metrolinx was giving implicit approval for the longer timeframe, as Metrolinx simply wasn't ready.
Do we know that there was no dispute resolution? I have no doubt that ML has been knocking on BBD's door weekly since the first deadline was missed. You are right that they would not jump straight to legal action - this itself should suggest that all other negotiation means in the Contract were likely exhausted.
 
Do we know that there was no dispute resolution? I have no doubt that ML has been knocking on BBD's door weekly since the first deadline was missed. You are right that they would not jump straight to legal action - this itself should suggest that all other negotiation means in the Contract were likely exhausted.
The way I look at this situation is that Bombardier isn't stupid and they have been watching the situation with the changes to the plans delaying all of the projects. They even went to Waterloo and negotiated a separate deal with them to deliver the vehicle to them because of the delays in Toronto. This comes down to metrolinx has no clue what it's doing and they want someone else to take the blame for it and because Bombardier is already taking the blame for the late delivery on the TTC streetcars irt makes them an easy target for a scapegoat. According to what Bombardier has said they have offered to reduce the number of vehicles but it come at a cost the same as canceling the project instead Metrolinx want to be able to back out of it and pay nothing and go and buy them form another company I wish them luck with that they will probably not get any responses after this and will come crawling back to Bombardier.
 
Is this comment from an actual judge, i.e. someone who went to law school? That's one of the stupidest statements I ever heard...does the contract say the vehicle needs to be in condition X and delivered at date Y, or does it not? Does the contract say all deadlines are void if "there isn't urgency since Metrolinx doesn't have tracks"?

It's twitter man...everybody takes things out of context just to get an eye-popping tweet.
 
No idea where this should go, but this mess for the cars has finally done what I have being calling for these past few years. "Bruce McCuaig to leave Metrolinx to accept new role at Canada Infrastructure Bank"

Now who will be next to go, as there are a few more heads to roll???

Lets see who is going to replace Bruce.

Bruce McCuaig to leave Metrolinx to accept new role at Canada Infrastructure Bank


TORONTO: (March 28, 2017) – On behalf of the Board of Directors, Chairman J. Robert S. Prichard announced today that Bruce McCuaig is stepping down as President and CEO of Metrolinx after 6 1/2 years of remarkable leadership to accept a new federal role in the Privy Council Office as Executive Adviser (Infrastructure Bank) effective April 24, 2017 to support the launch of the Canada Infrastructure Bank .

“Bruce's decision is a big loss for Metrolinx but an equally big win for Canada's ambitions to finance and build infrastructure nationally for the 21st Century. Bruce came to Metrolinx after 26 years in the Ontario public service‎ that culminated in his three years as Deputy Minister of Transportation” said Chair Prichard. "When he arrived at Metrolinx in 2010, he took the helm of an organization in its early days with a mandate to build a fully integrated organization able to deliver on our mission to champion, develop and implement an integrated transportation plan for the Greater Toronto and Hamilton Area.”

“Since then, Bruce has worked with extraordinary dedication and skill to deliver on his mandate. The results speak for themselves with growth and accomplishments in every dimension of the organization,” said Chair Prichard. “Metrolinx is delivering the largest transit build in Canadian history, and has matured into a well-integrated organization building major new infrastructure, delivering expanded and more frequent train and bus services, and developing regional transportation policies and plans."

In a message to Metrolinx employees Mr. McCuaig said:

“The people of Metrolinx have achieved many accomplishments for the public and our customers. Growing GO services, the launch of UP Express, the growth of PRESTO, completion of the tunnels for the Eglinton Crosstown LRT, entering into Canada's largest ever public-private partnership for the Crosstown, partnering with York Region of the Viva Rapidway, the construction of the new East Rail Maintenance Facility, the advancement of Design Excellence, the launch of Triplinx, and the first-ever introduction of Community Benefits in Canada, all represent accomplishments we can be proud of. We have laid the groundwork for much more to come, with Regional Express Rail and the light rail transit systems in procurement for Finch West, Hurontario and Hamilton projects. We have set the stage for major new initiatives like Fare Integration, integrated regional Wayfinding and new, more integrated approaches to enhancing the customer experience. On the organizational front, we have grown our capacity to deliver on our commitments."

"Metrolinx has been on a remarkable journey and I have enjoyed every moment of being part of this endeavour since I joined the corporation in September 2010. It has been my honour and privilege to work with the dedicated men and women of Metrolinx over the past six-and-a-half years. Thank you all for the support you have provided to me over the past years. I look forward to following your ongoing journey as Metrolinx continues to make new connections for the people of the Greater Toronto and Hamilton Area,” said Bruce McCuaig.

Chair Prichard stated in a message to Metrolinx staff that "Bruce's leadership has contributed to every aspect of Metrolinx's success. His work ethic is legendary. His deep knowledge of planning, transportation and infrastructure developed over his entire career has been invaluable. His calm and unflappable leadership style has kept Metrolinx clearly focused on its mission. His exceptional collaborative skills have built strong partnerships with all levels of government and key stakeholders. And his unerring integrity and commitment to non-partisan public service have set the standard high for all who work at Metrolinx."

Furthermore, the Chair added: "Bruce leaves Metrolinx a far stronger and more mature organization than he inherited with a long list of accomplishments and record of progress of which he and we can all be proud. The government of Canada is very fortunate indeed to be able to harness Bruce's leadership to its cause. We will miss him very much. He leaves Metrolinx with the deep respect and lasting gratitude of the board of directors and all of us who are a part of the organization. He has made us and the region we serve better and he leaves a legacy of achievement that will last for decades to come. It has been our privilege to be able to claim to be colleagues of such a fine leader."

Much work lies ahead for Metrolinx to deliver on our mandate and the many initiatives underway. We will continue on our mission without interruption. John Jensen, the Chief Capital Officer, will serve as Interim Chief Executive Officer beginning April 14, 2017 and we will initiate an open search immediately for a permanent successor.”

J. Robert S. Prichard,
Chair, Metrolinx Board of Directors



-30-

For media inquiries:
Anne Marie Aikins
annemarie.aikins@metrolinx.com
(416) 202-5796
 
Not sure heads are rolling.....sounds like he is leaving on his own accord to take a more lucrative position......you could be right though as, sometimes, in the public sector heads can roll uphill

Yeah that sounded more like a "promotion" than a head-rolling. I am sure the latter will come to lesser beings.

AoD
 
More like he either saw the writing on the wall or was told to start looking for a new job. Anyway, he gone.

More may surface when the budget gets announce in either April or May, as well the court ruling if Metrolinx can replace BBD for their order.

The Lib will either sink or stay a float on the budget come 2018, as well what new funding for GO Transit service and expansion.

If by chance the Toronto Council kills the subway and go back to LRT, then the order for new cars is loosing cars only for the Sheppard Line and they could go to the Eglinton extension. If the Sheppard Line does make it out the door, then more cars will have to be order.

The best option is to put each line out to tender as part of the P3 option and not put all the eggs in one basket.

CRRC is taking the lion share of new subway cars and coaches at this time. They will have their US plant on line this fall.
 
More like he either saw the writing on the wall or was told to start looking for a new job. Anyway, he gone.

More may surface when the budget gets announce in either April or May, as well the court ruling if Metrolinx can replace BBD for their order.

Just to be clear, are you speculating that the government will cut the Metrolinx operating budget resulting in staff layoffs? I assume you're relying on what you've heard?
 

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