New Generation Rollingstock

[ozbob]

Couriermail --> Canadian train builder smacks state of Queensland with a $100m claim

CANADIAN train builder Bombardier has hit the State Government with a $100 million damages claim over delays to Queensland's troubled $4.4 billion train-building project.

Transport sources have told The Courier-Mail the damages claim over the heavily delayed New Generation Rollingstock project related to claims Queensland Rail caused months of hold-ups in commissioning the trains for service.

The State Government signed off on the NGR project for 75 new trains in 2013 under the previous LNP administration, promising it would save millions of taxpayer dollars.

But the project is running more than a year behind schedule and is beset by design issues.

It is understood Bombardier has lodged a claim to claw back more than $100 million in liquidated damages costs over contractual delays it has blamed on the State Government.

Should the contractual dispute reach the courts, it would make for one of the most expensive legal battles involving taxpayer funds since the $1.2 billion Queensland Health payroll fiasco.

The claim is believed to specify hold-ups by QR in issuing engineering certificates to ensure trains were competent to run after the rail body baulked at minor issues, such as a missing window sticker. The ongoing driver shortage has also been blamed for constraining the number of drivers available for on-track testing of trains.

The Courier-Mail first revealed in 2016 that the project contract included penalties as high as $300,000 for each day of delay caused by either party.

Bombardier is building the trains in India under a public-private partnership between the Qtectic and the Government.

The claim is set to fuel calls by advocacy group Rail Back on Track for an inquiry. "The only way we can get to the bottom of the whole issue is a proper commission of inquiry," spokesman Robert Dow said.

I have discerned a little more on this.  Apparently Bombardier is saying the are not ' suing ' the Queensland Government.  They have not ruled out making a claim under the terms of the contract as I understand it however.  If you read the article carefully it is not talking about suing but is based on information that suggests the State may well be facing claims because of slow acceptance of the NGR trains.  It is known despite the  ' cloak of legal and commercial confidence ' that there are penalties for delays (at least $300K per day ).  The fact that the State has been forced to store trains at Redbank Workshops is really a sign of the desperation point they have reached. This project has been grossly mismanaged by the State.  Bombardier is a reputable train manufacturer, they can only build to the design the State signed off on.  A non compliant DDA and DSAPT design, with other design problems.

Slow acceptance may also be related in part to the lack of train crew (drivers) which is also well known and mentioned in the article.

Too much bungle duplicity and cover-up by the State with this project. A proper independent Commission of Inquiry is needed.

Nothing much surprises me anymore with this project botch.  The only thing that does surprise is the fact DTMR key personnel are still there bumbling along.

[ozbob]

We understand that the AHRC might be making their determination of the ' State of Queensland's ' temporary exemption application for the non compliant (under DDA & DSAPT ) NGRs public this week.

[ozbob]

NGR 701 was towed to Wulkuraka 19th February 2016


NGR 701 towed through Goodna 19 Feb 2016 on the way to Wulkuraka

Days since NGR 701 towed to Wulkuraka

[BrizCommuter]

We understand that the AHRC might be making their determination of the ' State of Queensland's ' temporary exemption application for the non compliant (under DDA & DSAPT ) NGRs public this week.

So what's plan B if they are denied?
Does the abysmal 8% overall reduction in services during GC2018 assume that it will be denied?
Or will we see 2 hourly connecting trains on weekends?

[ozbob]

If an exemption is denied my guess the ' State of Queensland ' will continue to operate the NGRs in revenue service while seeking a review and then proceeding with further legal actions. They have already demonstrated the don't care too much for Australian law.  They are at the point at risk of injunction action. Imagine an injunction being issued weeks before the Games?  Goodness ...

The other scenario that I think is more likely is that the AHRC may grant a limited temporary exemption.  A key requirement being the development of a detailed rectification plan with actual costings time lines and so forth.  How long this exemption would be probably either up to the end of the Commonwealth Games or perhaps 6 to 9 months or so.

I cannot see how the original application request for 3 years could possibly be granted, as there are more holes than a block of Swiss Cheese in their documents,  and the strong veracity of the public submissions.

Time will tell, I am just making educated guesses  ...

[#Metro]

If they are denied, they will probably blame AHRC for the continuing rail fail.

[Stillwater]

Bombardier does not need to 'sue', as the legal framework exists for it to claim financial compensation  from the Queensland Government for delays and additional costs the government and its agencies inflict.

A court may get involved if the Queensland Government refuses to honour the terms and conditions of the 'commercial-in-confidence' legal arrangements currently in place -- and enforceable.

[Cazza]

Maybe, we could pool all our money together and start making our own trains in someone's back shed. That way, we can actually build them properly and start our on rail company!

[not_available]

Maybe, we could pool all our money together and start making our own trains in someone's back shed. That way, we can actually build them properly and start our on rail company!

I think you mean design them. That's the really big problem with these things. You could build them really well but if the design is terrible then the train is still terrible.
I suppose while we're at it we might as well build them as well.

[ozbob]

The design is the issue.  Bombardier builds rail vehicles (all variations light and heavy) globally, very successfully.  A manufacturer builds to the design signed off by the State in this case.  All 75 six car sets are being built to the original botched design.  My guess is contract variation was just too much money, and besides would have caused more delays and perhaps contractual penalties.

Could be a very interesting week ahead ..

[verbatim9]

The design is the issue.  Bombardier builds rail vehicles (all variations light and heavy) globally, very successfully.  A manufacturer builds to the design signed off by the State in this case.  All 75 six car sets are being built to the original botched design.  My guess is contract variation was just too much money, and besides would have caused more delays and perhaps contractual penalties.

Could be a very interesting week ahead ..

^^The trains they built for Adelaide's electrification project are very good. Would of been good to get the same but with toilets.

[ozbob]

The Vline VLocity DMU is a Bombardier product.  Nothing wrong with them either. 

Queensland is an absolute backwater ...   

[verbatim9]

Plus the Adelaide ones were designed to be guage convertible to standard guage once the time comes. A very versatile train.

[ozbob]

Yes, they were. Adelaide metro intends to standard gauge once it is all sparked.  When you travel on some of lines you can see the dual gauge sleepers all ready in place. Sad hey, Adelaide has some vision.  Not sure what we have here in banana-land ..

eg.

[ozbob]

Meanwhile mufreight has come up with an alternate NGR rectification plan.  This involves all 75 NGR sets having a single toilet.

FYI.

[ozbob]

https://twitter.com/Robert_Dow/status/965092261959581696

[ozbob]

https://twitter.com/Robert_Dow/status/965097454331822081

[dancingmongoose]

Why don't we just convert all the toilets to guard compartments? Solves everything as long as the corridor is wide enough

[Stillwater]

TMR and QR still haven't got their faeces together.  They have told the AHRC this:

"A detailed plan that outlines each step of the rectification process and timeframes will be provided to the Commission and released publically as soon as it is available.

"The contractual environment and the requirement to carry-out rectification work in Queensland add complexities to the rectification process that the Applicants are working to resolve quickly in order to finalise the plan.

"The Applicants and the Queensland Government remain committed to carrying out the rectification work, with design work already underway in preparation for further consultation with the disability sector and other key stakeholders in the coming months."

Err ... we have a plan for a plan and we are working on the plan to plan the plan.

[ozbob]

Couriermail --> New Queensland trains so late they've gone mouldy

SPECIALIST cleaners have been called in to remove mould from six new trains shipped from India under the State Government's heavily delayed $4.4 billion rollingstock program.

The Courier-Mail can reveal that Canadian-based train manufacturer Bombardier found traces of mould in the trains' airconditioning filters and ducting during recent inspections.

A spokesman for the Transport Department confirmed mould had been detected in the six New Generation Rollingstock trains, forcing Bombardier to hire a "specialist team of cleaners"

Filters have also been replaced, the spokesman said.

"An independent expert has also tested the trains and confirmed that the traces have been removed," he said. "This has had no impact on timeframes for these trains to enter passenger service.".

It is understood a backlog in train orders over unrelated issues led to the trains being stored in sealed shipping containers at a Mumbai port for longer than expected.

The trains had been transported to the port from manufacturer Bombardier's Savli factory as part of the project being delivered by the Qtectic consortium in partnership with the State Government.

Some of the trains sat at the port in balmy conditions for five weeks without ventilation before being given the green light to be shipped, according to informed sources.

The delays blew out the total transit time for some trains to three months.

As reported in November, one train floated around the South Pacific for months after Bombardier allegedly ignored a State Government-ordered freeze new deliveries.

It is unknown if that train was one of those affected by mould.

The Courier-Mail on Saturday revealed the State Government has been hit with a more than $100 million damages claim by Bombardier over delays the manufacturer says the Government caused.

It is understood the claim seeks to recoup liquidated damages under the NGR contract due to delays.

The project is running late and has encountered design problems that the State Government will spend $150 million to fix. They include toilets that do not comply with disability access rules.

Both Bombardier and the State Government have refused to comment on whether the manufacturer had made a claim under the contract, citing commercial-in-confidence.

But Bombardier, in a statement on the weekend, rejected it was responsible for the design issues.

"The NGR trains have been manufactured to the specifications as set out contractually by the Queensland Government. Bombardier has, and will, continue to ensure its obligations are met in full," it stated.

Commuter advocacy group Rail Back on Track has ramped up calls for an inquiry into the project.

Spokesman Robert Dow said more than 40 trains should have been running on the network at this stage of the project compared with the seven in service.

"The only way we can get to the bottom of the whole issue is a proper Commission of Inquiry so failings in the project can be identified and this doesn't happen again," he said.

"Our rail network is in a precarious situation, particularly leading into the Commonwealth Games. When you add the NGR to this mess, it really is diabolical."

[ozbob]

" ... Both Bombardier and the State Government have refused to comment on whether the manufacturer had made a claim under the contract, citing commercial-in-confidence. ... "

BINGO!

[ozbob]

Sent to all outlets:

19th February 2018

Two years today since NGR 701 was towed out to Wulkuraka

Good Morning,

Interesting article in today's Couriermail:

Couriermail --> New Queensland trains so late they've gone mouldy

Additionally it is reported that: " ... Both Bombardier and the State Government have refused to comment on whether the manufacturer had made a claim under the contract, citing commercial-in-confidence. ... "

No denial, must be happening hey ... to the tune of a $100Million ?
Who can blame Bombardier having to deal with the incompetence that abounds in Queensland.

Today, 19th February 2018, marks two years since NGR 701 was triumphantly towed out to Wulkuraka.  Where is NGR 701 today?
It is on ' agistment ' at Redbank Workshops, together with two ' siblings ' NGR 702, and the damaged NGR 715. A profound testament to the botch that this project is.  Badly mismanaged by successive Governments and its bumbling bureaucracies.

For your enjoyment here is a short video I recorded as NGR 701 under tow passed through my local railway station, Goodna, on the 19th February 2016.  We were so excited ...



The AHRC must be close to making their determination public re the State of Queensland's application for a temporary exemption to run non-DDA non-DSAPT compliant NGR trains hey?  Could be a very interesting week.

Best wishes,
Robert

Robert Dow
Administration
admin@backontrack.org
RAIL Back On Track https://backontrack.org

[ Attached: https://railbotforum.org/mbs/index.php?topic=3706.msg204780#msg204780 ]

[ozbob]

https://twitter.com/Robert_Dow/status/965261109878931456

https://twitter.com/Robert_Dow/status/965264716393164801

https://twitter.com/Robert_Dow/status/965272538187153408

[#Metro]

Sorry, was that commercial in confidence or commercial incompetence? 

[Stillwater]

Would you like Legionnaires disease bacteria with your train order?

[ozbob]

This vid reminds me of transport administration in banana-land ... 

[ozbob]

https://twitter.com/Robert_Dow/status/965427845399900160

[Stillwater]

Is anyone able to update this situation, please.

Queensland Rail Limited (QR) applied on 17 December 2007 for an exemption for a period of five years from the requirements of Part 9.6 of the Disability Standards for Accessible Public Transport (2002) (DSAPT) insofar as they require the provision of additional allocated spaces on the Tilt Train booked services operated by QR.

QR sought an exemption on the basis that existing provision of allocated spaces has been shown to be sufficient to meet demand, and that modification to provide additional allocated spaces would involve unnecessary expense and loss of other seating capacity.

HREOC subsequently granted to QR a temporary exemption pursuant to sections 55(1) and 55(1A) of the DDA in the following terms: For the period to 3 March 2013 QR is not required to increase the number of allocated spaces on QR Tilt Train services.

This was a temporary exemption that expired on 3 March 2013.  Was the exemption extended?  What is the situation today?

If QR obtained a temporary exemption for Tilt Train access/seating provisions for PWD back in 2007, and has done little or bugger-all since to rectify the situation, what does that make of their hand-on-heart undertaking to the Australian Human Right Commission that they will implement a rectification plan for non-compliant NGR trains?

Is it QR's intention to forever be seeking exemptions from complying with the Law?

[red dragin]

Whilst I don't know the answer, haven't all the Tilts gone through a major refit?

[ozbob]

Whilst I don't know the answer, haven't all the Tilts gone through a major refit?

As I understand it they are now compliant.  IM might be able to confirm.

[InclusionMoves]

Tilts aren't in my headspace at the moment a couple of days out from NGR decision. Sometimes you have to drop some information out of your head or you forget how to drive or your wives name :-) But will check and get back to you. Stillwaters point is valid no matter what though plenty of examples of poor effort in actually transitioning from a non compliant service to a compliant one. Exemptions should not be set and forget.

Geoff 

Whilst I don't know the answer, haven't all the Tilts gone through a major refit?

As I understand it they are now compliant.  IM might be able to confirm.

[Stillwater]

The Tilts are a walk-through train with toilets that QR indicates are suitable for use by PWD.

https://www.queenslandrailtravel.com.au/travelwithus/onboardexperiences/carriagelayout

They then say NGR trains can't be made compliant due to the need to have a 'walk through' passage from one carriage to the next.

??

[ozbob]

https://twitter.com/7NewsBrisbane/status/965867365559803904

https://twitter.com/Robert_Dow/status/965983407107817472

Love the final shot in the 7 News piece, NGRs out to grass at Redbank Workshops ...   

[ozbob]

Days since NGR 701 towed to Wulkuraka

[MichaelJ]

"Staring death in the face ..." as one well known Foamer put it in an inspirational quote on Instagram.

EMU 46/67 cross 700 Series EMU 711 at Boondal during a trial journey prior to entry to revenue service.  All is going well, I'm told.  "Thank you, please come again."

https://www.flickr.com/photos/jamesmp/40332557122

[ozbob]

 

Meanwhile I have been informed NGR 709 has entered revenue service today.

That makes eight mate!

[ozbob]

How many in service now?

703	704	705	706		708	709
710			713	714

Updated .. I have been informed that 703 might be out and about?  If so that is 9.

[ Known facts: 701 702 715 are still at Redbank Workshops ( as of 1500 hours today ) ]

Sources has confirmed that: 707 711 712  are still getting sorted ...

So, unless corrected, I think that table is now correct. For now anyhow. 

[tazzer9]

Tilt train only needs two carriages to be compliant.   Which are Car A and B. 

[not_available]

Updated .. I have been informed that 703 might be out and about?  If so that is 9.

[ Known facts: 701 702 715 are still at Redbank Workshops ( as of 1500 hours today ) ]

Sources has confirmed that: 707 711 712  are still getting sorted ...

So, unless corrected, I think that table is now correct. For now anyhow.

701	702	703	704	705	706
707	708	709	710	711	712
713	714	715	716	717	718
719	720	721	722	723	724
725

Key: REDbank (Sorry, I couldn't resist) In Service Getting Ready

[not_available]

Or if you want to think about it in respect to the 18 NGRs ready before the games, we're 50% there.

703	704	705	706		708
709	710			713	714