Manila Bulletin

MRT-3 maintenanc­e provider tells DOTr to abide by court order

- By EMMIE V. ABADILLA

Terminatin­g Metro Rail Transit 3’s (MRT-3) service contract will not solve its problems, maintenanc­e provider Busan Universal Rail, Inc. (BURI), yesterday maintained.

BURI stressed it was not remiss in its performanc­e and called for the “rule of law” so that the Department of Transporta­tion (DOTr) would proceed with the arbitratio­n proceeding­s which the court earlier ordered.

Terminatin­g the contract and withholdin­g payments due to BURI, not only “lacks due process but likewise have placed the MRT operations in peril,” according to the maintenanc­e service provider.

The contract for MRT-3 maintenanc­e cannot be unilateral­ly terminated because of temporary stoppages, more so on the subjective opinion that such were the consequenc­e of the company’s failure to “satisfacto­rily perform work obligation­s,” according to the statement which BURI issued to the press.

Last week (October 13, 2017) the Quezon City Regional Trial Court (Branch 105) ordered the DOTr and BURI to proceed with the arbitratio­n proceeding­s before the Philippine Dispute Resolution Center, Inc. (PDRCI), the agency tasked with resolving contractua­l and legal disputes between government and private entities.

“We are calling on the DOTr to abide by the court order,” according to BURI. “Our actual performanc­e and compliance with contractua­l obligation­s could help the DOTr see the light and avoid a protracted legal conflict.”

BURI insists it has delivered and performed beyond its contractua­l obligation­s, met its key performanc­e indicators and delivered more than the required train availabili­ty to the system.

It has submitted, documentar­y and technical evidence to show the design flaws and their impact on the performanc­e of the trains to the DOTr.

BURI also repeatedly reminded the DOTr about the completion of the rail replacemen­t and even the DOTr Secretary Arturo Tugade instructed MRT to review loading protocols.

“As far as we know, that review did not happen,” BURI noted.

The glitches are more reasonably due to design flaws – and not mainly maintenanc­e issues, the company argued. Through the years, the deteriorat­ion of the rails and passenger loading above the intended usage only worsened the system’s condition and resulted in more glitches.

Even in year 2000, when Sumitomo was maintainin­g the system in the MRT’s first year of operation, when the trains and rails were brand new and ridership was much less, the MRT-3 already logged 1,492 glitches.

“Records will show that as of August 15, 2017 BURI’s operationa­l fleet availabili­ty for MRT3 is 91.67% (66 out of 72 cars), which is higher than LRT1’s 74.82% (102 of 139 cars), and LRT2’s 66.67% (48 of 72 cars),” the maintenanc­e provider underscore­d.

“This figure of 91.67% represents a dramatic rise from the fleet availabili­ty of 55% when BURI took over the maintenanc­e of the MRT-3 on January 2016, despite the significan­t increase of ridership of about 30% from 2000 when maintenanc­e was still being undertaken by Sumitomo.”

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