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HomeMy WebLinkAbout7557RESOLUTION NO. 7 5 5 7 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND ASSOCIATION OF AMERICAN RAILROADS RELATING TO THE EXPANSION OF ITS FACILITY LOCATED IN PUEBLO COUNTY, COLORADO AND APPROPRIATING FUNDS FOR SUCH PURPOSE WHEREAS, the prevention and reduction of unemployment -and underemployment and the social and economic hardships associated therewith are public purposes and matters of local and municipal concerns that justify the expenditure of public funds, and WHEREAS, Association of American Railroads has committed to expand and equip its Transportation Technology Center within Pueblo County, Colorado ( "Facility ") and to use its best efforts in good faith to employ an additional 50 employees at such Facility, and WHEREAS, Association of American Railroads in order to expand and equip such Facility has requested City to make available the sum of $250,000. WHEREAS, the City, subject to and upon the terms and conditions set forth in the Agreement dated February 13, 1995 attached hereto and incorporated herein, is willing to advance to Association of American Railroads the sum of $250,000 for the expansion and equipping of the Facility, and WHEREAS, the expansion and equipping of such Facility will stimulate the economy of the City and create new employment opportunities for the people of Pueblo; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The City Council does hereby find and determine: The prevention and reduction of unemployment and underemployment and the social and economic hardships associated therewith, and increased employment opportunities and economic development benefiting the City are public purposes and matters of local and municipal concern that justify the expenditure of public funds. 2. The appropriation of $250,000 out of City's general fund reserves to be advanced and paid to Association of American Railroads for the purpose of expanding and equipping its Facility and business within Pueblo County, Colorado will provide increased employment opportunities and relief of unemployment in the City, will serve a direct and public purpose for which public funds may be expended, and will promote the public health, safety, commerce, prosperity, and general welfare of the City and its citizens. 3. The public purpose served by the passage of this Resolution outweighs all other private and individual interests. SECTION 2 The Agreement dated February 13, 1995 between Pueblo, a Municipal Corporation and Association of American Railroads relating to the advance and payment of $250,000 to Association of American Railroads for the purpose of expanding and equipping its Facility, a copy of which is attached hereto and incorporated herein, is hereby approved. The President of the City Council is authorized to execute and deliver the Agreement in the name of and on behalf of the City and the City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 3 The sum of $250,000 from the City's general fund reserves Account No.001 -7090 is hereby transferred to Account No. 001 -195 -0501 and appropriated to the Association of American Railroads to be used for the specific purpose described in paragraph 3 of the Agreement upon filing in the office of the City Clerk and Director of Finance the documents and certifications required by paragraphs 3(a) and (b) of the Agreement. SECTION 4 This Resolution shall become effective upon final passage. -2- INTRODUCED: February 13, 1995 ATTEST: City Clerk CHARLES JONES Councilperson APPRO ED: resident of the City Council I:\ CITYWIltPORT\AARAILR\RESOLUT.WPD -3 Transportation rest Center Contracts & Materiel Department (719) 5840534 Purchasing (719) 584-0535 Property (719) 5840630 Stock Records (719) 5840631 March 20, 1995 Warehouse Operations (719) 5840444 OASSOCIATION CON /ERW /95 -057 Bo: 11130 RAILROADS Pueblo, Colorado 81001 Research & Test Department Thomas E. Jagger, Esq. City of Pueblo Office of the City Attorney 127 Thatcher Building Pueblo, CO 81003 Re: Dear Mr. Jagger: Original Enmted Agreement Te l efax: ( 719 )5 8405 79 MAR 2 1 1995 Forwarded is the original Agreement executed on behalf of the Association by Mr. Roy A. Allen, AAR's Vice President - Research and Test Department. We have assigned AAR /TTC Property Tag Number 25643 to the Dynamometer, its installation street address will be: o Components Test Lab (CTL) Warehouse Laboratory Facility (WLF) Transportation Technology Center Pueblo, Colorado 81001 For your information, AAR has awarded the contract for the dismantlement, relocation and installation at TTC of the Dynamometer as well as other AAR facilities from its Chicago operations. The current schedule provides for commencement of necessary CTL high bay foundation modifications and construction work 5/8 -- 6/30/95. Assuming these dates hold, the balance of the Dynamometer schedule is: AWvity Dates Dismantlement at Chicago Tech Center 6/16 -- 7/6/95 Transport to TTC 7/3 -- 7/14/95 Installation 7/17 -- 8/11/95 Test /Trouble Shoot /Demo 8/14 -- 9/1/95 Fully Operational 9/5/95 I can be reached at 584.0534 should you have any questions. Sincerely, OCIATI N ICAN RAILROADS ward . Wa s Manager, Contracts W AGREEMENT THIS AGREEMENT entered into as of February 13, 1995 between Pueblo, a municipal corporation (the "City ") and Association of American Railroads, a voluntary nonprofit trade association, incorporated under the provisions of the District of Columbia Nonprofit Corporation Act (the "Company "). WHEREAS, Company has expressed a willingness to expand its business within the County of Pueblo, Colorado and in furtherance thereof has through the Pueblo Economic Development Corporation made application for funds with the City, and WHEREAS, the City has approved such application and will make funds available to Company subject to and upon the terms and conditions of this Agreement. As used in this Agreement, the following terms shall have the following meanings: "Company's Contribution" means the acquisition and installation of the Dynamometer at Company's Facility. "Company's Facility" means the Transportation Technology Center located within the County of Pueblo, State of Colorado. "Dynamometer" means the wheel/brake shoe dynamometer valued at about $1.5 million used for testing railroad wheels and brake shoes driven by a 450- horsepower electrical motor with a new, state -of -the -art computer control and data collection system. "Employment Commitment" means two hundred thirty (230) Full -Time Employees. "Full -Time Employee" means a person employed by Company to perform work at Company's Facility for not less than thirty -two (32) hours per week. The term "Full -Time Employee" does not include independent contractors nor employees of independent contractors. "Quarterly Average Number of Employees" means the sum of the number of Full -Time Employees on each business day of a calendar quarter divided by the sum of the business days of such calendar quarter. 2. Company shall complete Company's Contribution in furtherance of Company's expansion of its business at its Facility in an expeditious manner. 3. City will make available and advance to Company the sum of $250,000 to assist Company in the acquisition and installation of the Dynamometer (the "City Funds "). City Funds will be advanced to Company subject to and contingent upon: (a) Company filing in the office of the City Clerk copies of the following: (i) certified copy of the resolution of the board of directors of Company approving this Agreement and authorizing its officers to execute and deliver this Agreement in the name of Company, (ii) Certificate of Authority to conduct business in the State of Colorado issued by the Colorado Secretary of State, and (iii) evidence satisfactory to City that Company has lawfully committed to acquire and install the Dynamometer at Company's Facility. (b) Company filing with the Director of Finance of City written request for payment certified by an authorized officer of Company that the amounts included in the requests for payment have not been included in any prior request for payment and are for the actual cost of acquiring and installing the Dynamometer at Company's Facility. 4. Company acknowledges that the primary purpose of City in entering into this Agreement and the sole benefit to the City for making funds available to Company hereunder is the creation of jobs. Therefore, Company represents and commits that it will maintain the Employment Commitment at Company's Facility for the period beginning January 1, 1996 and ending December 31, 1998 (the "Commitment Period "). 5. Notwithstanding anything contained herein to the contrary, if Company shall for any reason default in its Employment Commitment set forth in paragraph 4 hereof, Company shall repay to City a pro -rata portion of the funds advanced by City under paragraph 3 hereof based upon the number of Full -Time Employees employed by Company at Company's Facility, as follows: (a) If at the end of any calendar quarter during the Commitment Period the Quarterly Average Number of Employees at Company's Facility for that calendar quarter is less than the Employment Commitment, Company shall repay to City an amount calculated as follows: 230 (the Employment Commitment) minus (either (i) the Quarterly Average Number of Employees for the calendar quarter or (ii) 180, the base employment, whichever is greater) multiplied by $416.67 (the "Company's Payment ") (b) Company's Payments, if any, shall be paid by Company to the City without notice, demand, offset or deduction on or before the thirtieth (30th) day following the end of the applicable calendar quarter during the Commitment Period at the office of the Director of Finance of City, 1 City Hall Place, Pueblo, Colorado, 81003. All past due Company's Payments shall bear interest at the rate of ten (10) percent per annum until paid. (c) Within thirty (30) days after the end of each calendar quarter covered by the Commitment Period, Company will submit to City's Director of Finance Company's statement showing the Quarterly Average Number of Employees for the preceding calendar quarter and the basis upon which Quarterly Average Number of Employees and Company's Payment, if any, were computed certified by an officer of the Company to be true and correct. For purposes of verifying such employment, City shall have access to Company's books and records including payroll records. City will, however, respect the right of employees as to confidentiality of personnel records. (d) All City Funds advanced to Company by City under this Agreement shall be -2- deemed to be a debt of Company payable to City until Company performs and discharges its obligations hereunder including Company's Payment obligation contained in this paragraph 5 and shall be secured by a prior perfected security interest in the Dynamometer. Company shall provide all information and execute all instruments required to grant to City a prior perfected security interest in the Dynamometer before City will advance any City Funds under this Agreement. 6. (a) City Council of City may, in its sole discretion, relieve Company, in whole or in part, from Company's Payment obligations set forth in paragraph 5, if the City Council, after hearing, finds and determines based upon competent evidence presented at such hearing that Company was prevented from complying with its Employment Commitment by reason of an act of God, or the elements, fire, explosion, strike, insurrection, riot, unavailability of materials, supplies or labor, interruption of transportation facilities, governmental laws, regulations or restrictions, or other causes beyond Company's reasonable control. The findings and decision of the City Council shall be final and binding upon Company and City. (b) Prior to instituting any proceedings to enforce Company's Payment obligation under paragraph 5, City shall give notice to Company in writing of its intention to institute such proceedings. If Company desires to seek relief pursuant to paragraph 6(a), Company, within twenty (20) days after receipt of City's notice, shall deliver to City its written request for relief specifying the grounds upon which such relief is sought. Within sixty (60) days after receipt of Company's request City will schedule a hearing before the City Council and give written notice to Company of the time and place of such hearing. Failure of Company to timely deliver its written request for relief or to appear and submit evidence in support of its request at a scheduled hearing shall constitute a waiver of any right of Company to a hearing before City Council. (c) No delay or failure by City to exercise its right to enforce Company's Payment obligation, and no partial or single exercise of that right, shall constitute a waiver of that right, unless the City Council otherwise expressly provides in its findings and decision made pursuant to paragraph 6(a). 7. If Closing does not occur on or before July 1, 1995, this Agreement shall terminate and City and Company shall be released and discharged from all obligations hereunder. 8. In the event of any litigation arising out of this Agreement, the court shall award to the prevailing party its costs and reasonable attorney fees. All such litigation shall be filed in the District Court, County of Pueblo, State of Colorado and each party submits to the jurisdiction of that Court. Each party waives its right to a jury trial. 9. This Agreement expresses the entire understanding of the parties and supersedes any and all prior dealings and commitments with respect to the subject matter of this Agreement and may not be amended except in writing signed by City and Company. 10. This Agreement shall be construed in accordance with and governed by the laws of the State of Colorado. -3- 11. Any notices hereunder shall be sufficiently given if given personally or mailed by first class mail, postage prepaid, addressed: (a) if to City, City Manager, City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003, or (b) if to the Company, Post Office Box 11130, Pueblo, Colorado, 81001, Attention: Contracts Manager; or to such other address as either party shall specify in written notice given to the other party. 12. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, provided Company may not assign this Agreement or any interest herein without the prior written consent of City. At the election of City, any assignment or attempted assignment without the consent of City shall be null and void. 13. The person signing this Agreement on behalf of Company represents and warrants that such person and Company have the requisite power and authority to enter into, execute, and deliver this Agreement and that this Agreement is a valid and legally binding obligation of Company enforceable against Company in accordance with its terms. 14. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Executed the day and year first above written. [SEAL] PUEBLO A MUNICIPAL CORPORATION ATTEST: r By City Clerk President of the City Council L/ i, / �i . ...irc � if ASSOCIATION OF AMERICAN RAILROADS Name: ED WARD R. WALSH Title: MANAGER, CONTRACTS Name: ROY A. ALLEN Title: VICE PRESIDENT, RESEARCH & TES DEPARTMEN Federal Identification No. 53- 6000125 JACIMAWORMARAILRWGREE. WPD -4 D ED ED ° City of Pueblo OFFICE OF THE CITY ATTORNEY : ~ 127 Thatcher Building PUEBLO, COLORADO 81 TO: Billy G. Martin, Director of Finance j Gina Dutcher, City Clerk FROM: City Attorney e ,, RE: Association of American Railroads DATE: September 12, 1995 We enclose letter dated September 6, 1995 and attached documents from the Association of American Railroads (the "Association ") which appear sufficient to meet and comply with the filing and request for payment requirements under the February 13, 1995 Agreement between the City and the Association. Gina, the originals are forwarded to you to place in the City's file with the Resolution approving the February 13, 1995 Agreement. Billy, copies are sent to you for your file. If you have any questions, please call me. Very truly yours, Thomas E. Ja sm PC: Edward R. Walsh n Association of American Railroads Research & Test Department P.O. Box 11130 Pueblo, Colorado 81001 Edward R. Walsh Manager, Contracts 1 l ! l September 6, 1995 CON/ERW /95 -132 Thomas E. Jagger, Esq. City of Pueblo Office of the City Attorney 127 Thatcher Building Pueblo, CO 81003 Subj: Request for Payment Information Refr: Agreement with City of Pueblo dated February 13, 1995 Dear Mr. Jagger: Confirming our conversation this morning, I'm forwarding information to substantiate Association of American Railroads (AAR) request for payment in the amount of $250,000. Among other things, this sum is in exchange for the relocation and installation of AAR's Dynamometer at the Transportation Technology Center (TTC). The information enclosed consists of • AAR Letter CON/ERW/95 -015, did 124/'95, where the Federal Railroad Administration granted approval to install at the TTC various AAR facilities, including the Dynamometer • AAR Letter dtd 124 /95 from Janet L. Bartelmay, Associate General Counsel & Corporate Secretary to Mr. James E. Spaccamonti summarizing the AAR Board of Directors meeting held January 13, 1995 respecting the Dynamometer • AAR Employee Newshm did 22/95 addressing the Research and Test Departments consolidation and relocation of the Dynamometer at the TTC • AAR Letter CON/ERW/95 -057, dtd 320 /95, to Thomas Jagger, Esq. providing information on the Dynamometer • Payment Application dtd 8/15/95 from Western Industrial Contractors, Inc., AAR's general contractor responsible for relocating AAR's Dynamometer to TTC • AAR's Monthly Progress Report dtd August, 1995, addressing the completion of the foundation work necessary for the Dynamometers installation in the Components Test Laboratory r S E P 1 !J J5 Phone: 719.584.0534 Fax: 719.584.0538 State of Colorado Certificate of Authority issued to AAR January 21, 1993 AAR written request for payment certified by Mr. David B. Barefoot, AAR's Chief Financial and Administrative Officer I hope this information is satisfactory and meets the spirit and intent of our Agreement. If further information or clarification is required please call me. Thanks for your assistance with processing the payment request. Sincerely, ASSOCIATION OF ERICAN RAILROADS 7 ward R. Walsh Manager, Contracts Phone: 719.584.0534 Fax: 719.584.0538 CERTIFIED REQUEST FOR PAYMENT In accordance with Article 3.(b) of the Agreement between the City of Pueblo and the Association of American Railroads (AAR), AAR requests payment of City Funds in the sum of $250,000. I hereby certify that the amounts included in this request for payment have not been included in any prior request for payment and are for the actual cost of acquiring and installing the Dynamometer at AAR's Facility. Da'vliTt. BqkfooV Date Chief Fin an ' and A inistrative Officer Association of American Railroads ATTEST: J t L. Bartelmay Date Associate General Counsel and Corporate Secretary Association of American Railroads M� Transportation Test Center ASSOCIATIO OF AMERICAN RAILROADS January 24, 1998 Research do Test Department CON /ERW /98-01$ Mr. Gunars Spons Resident Engineering Manager /COTR Federal Railroad A ** iniatr ation Transportation Technology Center Pueblo, Colorado 81001 Sutdoct: Approval Request – Real Property and RPD3 Modifications Reference: Contract DTFR83 -93-C- 00001, H.13(d) Dear Mr. Spons: Fmirommm. Facilities & SeeoritV (719) 583 -0553 Bo: 11130 Puebls Colorado 31001 Telefar<(719) 583.0672 As part of the restructuring of its Research and Test Department, in the ensuing months, AAR Will be relocating various items of facilities and equipment from the Chicago Technical Center (CTC) to the Transportation Technology Center (TC). AAR anticipates an investment of around $2 million to cover the relocation and TTC iastallaiion costs anticipated with the 14 items of equipment and facilities Bated on Attachment 1. Attachment 2 is AAB's internal memorandum detailing the various RP modifications that will be necessary. AAR is proceeding under the premise that title to all AAR -owned property remains with AAR. If all is satisfactory, please provide ERA's approval below. Sincerely, /J ASSOCIATION OF AMERICAN RAILROADS Edward R. Walsh Manager, Contracts APPROVED: L L / " VC' e-7 Gunars Spons Date Resident Engineering Manager /C FRA oc: R. Carpenter, RAD-30 G. Deily, RDV -31 P. Conlon M. Dembosky K. Hawthorne R. Jackson C. Shank M. White Attachment 1 III. Equipment/Facility Relocation L Dynamometer S 498,000 b. Track Lab 742,000 e. Air Brake Lab 148,000 d. MTS Load Frame 32,000 e. Bearing Test Lab 38,000 f Rolling Load Machine (New) I7,000 g. Rolling Load Machine (Old) 16,000 h. Center Plate Test Machine 27,000 L Certification Equipment 389,000 j. Small MTS Machines 25,000 k. Tie wear Machines 17,000 L Amsler Load Frames 26,000 m. Mrsc Equipment/Materials 22,000 n. Instrumentation Lab. 11,000 o. Engineering/Supervisions/Gen. Cond. 342,000 Total S 2.000.000 0 )VOOC IAn OF AMERICAN Janet L. Bartelmay RAEMOAD6 Associate General Counsel January 24, 1995 and Corporate Secretary Mr. James E. Spaccamonti President Pueblo Economic Development Corporation 301 North Main Street Pueblo, Colorado 81003 Dear Mr. Spaccamonti At a duly constituted meeting of the AAR Board of Directors held on January 13, 1995, the following actions were taken: 1. The Board of Directors reviewed a proposal to consolidate AAR's research activities in Pueblo, Colorado, noting the costs and benefits associated with such action, including the reduction in relocation costs resulting from the contribution of $250,000 from the Pueblo Economic Development Corporation to help fund the relocation of the dynamometer; 2. The Board of Directors authorized the AAR President to execute a contract modification with the Federal Railroad Administration; and 3. Contingent upon the execution of the aforementioned contract modification, the Board of Directors approved the consolidation of research activities in Pueblo, authorizing the expenditure of a designated sum to effectuate the consolidation. A copy of the minutes of said meeting shall be provided upon their adoption. Sincerely, jyJ , <?Ak V) 4AZE�! Janet L. Bartelmay Associate General Counsel and Corporate Secretary 50 F Street, N.W., Washin D.C. 20001 (202) 639 -2513 FAX: (2(2) 6399 -2868 AAR Employee Newsline for Thursday, February 2, 11 a.m. • NEWSLINE CLASSIFIED SECTION. Newsline is offering AAR employees the opportunity to advertise on the back page any items or services desired for acquisition, sale, trade or barter. There is no charge for this service! Ads will be run at least twice per month. To participate, contact Maury Tobin at X2557 or Paula Newbaker at X2562. • RAIL PRODUCTIVITY IMPROVEMENT YIELDS GROWTH. Freight railroads have halted long -term market -share decline due to increased productivity, and now have a 38 percent share of intercity ton -miles for the first time since 1981. Speaking before the Sixth Annual Railroad Finance Conference, Ed Harper said, "rail workers, track, freight cars, and locomotives are all more productive today than at any time in modem history. This has made railroads more competitive and laid the groundwork for the very real growth our industry is now experiencing." • NEWS FROM PRINT SHOP. Today's Newsline was printed entirely in raised print to demonstrate the print shop's new capability, which is available to AAR staff. Raised print enhances the appearance of your stationeries, business cards, invitations, memo cards and covers. The print shop reminds us that if you or any outside customers are interested in raised print, contact Bill Stewart at X2124, Linda Vaughn at X2125 or Phil Johnson at X2144. • R &T TO CONSOLIDATE AT TTC. The Transportation Test Center now is the Transportation Technology Center, but still TTC. Together with the Pueblo Economic Development Corporation ( PEDCO), TTC announced yesterday the consolidation of AAR's research operations at TTC. The research facility is owned by the Federal Railroad Administration and operated under contract by AAR. Ed NEWSLINE Harper said, "the consolidation will improve operating efficiencies and expand our A. Wheeler P. Ellingham I s research capabilities at TTC." A. Duran 1 B' Simpson 3 As part of this consolidation, R &rs Roy Allen applauded Pueblo's City C. s ckart i Council and PEDCO's speedy response in cutting through red tape to assist AAR in T. Terrill 1 relocating the railroad wheel dynamometer, valued at $1.5 million dollars, which tests C . cCornwell D .Ilyndman 4 3 railroad wheels and brake shoes. R. Montoya 4 V. flocking i "With this consolidation, Pueblo becomes the global center for rail V. Ar 2 tran research and testing," says PEDCO board chairman Rich Golenda. P g Y M. Cowley V. Hurst 4 1 Indeed, TTC makes AAR the worlds leading rail research and technology KP dilla i organization focusing on increasing the safety and productivity of rail carriers. POST PROMINENTLY — Communications Department ♦ Association of American Railroads ♦ SO F Street. NW, Washington, DC, 20001 Paula Hawbaker ♦ Editor • 202/639 -2562 . tterr� — r Transportation Teat Canter Contracts & :Materiel Departareut (719)584-053a Puecbaeimg (719) 594.0535 Property ( Stock Records (719)584+)631 March 20, 1995 Woreho ue OperwtNe (719) 5840444 ASSOCIATION OF AMERICAN CON /ERW /95 -057 1101 11138 RAILROADS Pueblo. Colorado 8100t Research & Test Department Telesax(719)5840579 i Thomas E. Jagger, Esq. City of Pueblo Office of the City Attorney 127 Thatcher Building Pueblo, CO 81003 Re: Dear Mr. Jagger: Original Executed Agreement Forwarded is the original Agreement executed on behalf of the Association by Mr. Roy A. Allen, AAR's Vice President - Research and Test Department. We have assigned AAR /TTC Property Tag Number 25643 to the Dynamometer, its installation street address will be: o Components Test Lab (CTL) Warehouse Laboratory Facility (WLF) Transportation Technology Center Pueblo, Colorado 81001 For your information, AAR has awarded the contract for the dismantlement, relocation and installation at TTC of the Dynamometer as well as other AAR facilities from its Chicago operations. The current schedule provides for commencement of necessary CTL high bay foundation modifications and construction work 5/8 -- 6/30/95. Assuming these dates hold, the balance of the Dynamometer schedule is: Activity Dates Dismantlement at Chicago Tech Center 6/16 — 7/6/95 Transport to TTC 7/3 — 7/14/95 Installation 7/17 -- 8/11/95 Test/Trouble Shoot /Demo 8/14 -- 9/1/95 Fully Operational 9/5/95 I can be reached at 584.0534 should you have any questions. Sincerely, OCIATI RAILROADS Edward . Manager, Contracts APPLICATION FOR PAYMENT PA 1 O F 1 TO (OWNER): Association of American Railroads PROJECT: AAR Relocation APPLICATION NUMBER: 10 P.O. Box 11130 APPLICATION DATE: 15 -Aug- Pueblo, Colorado 81001 PERIOD TO: 134kug -95 PROJECT NO: FROM (CONTRACTOR): INVOICE NO.: f0r4104 WESTERN INDUSTRIAL CONTRACTORS, INC. 5301 JOLIET STREET DENVER, COLORADO 80239 -2112 CONTRACT FOR: AAR Relocation and Associated Services CONTRACT DATE 10 -Feb -95 CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Change Orders approved In previous months by Owner TOTAL 5370 794.00 App roved this Month PAYMENT (Line S from prior Certificate) ............... ............................... Number Date Approved $99,61 9. BALANCE TO FINISH, PLUS RETAINAGE ................ ............................... TOTALS $0.001 $0.00 Net Change by Change Orders $370,794.00 The undersigned Contractor certifies that to the best of the Contractor's knowledge, Information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were Issued and payments received from the Owner, and that current payment shown herein Is now due. A n CONTRACTOR: VN Date: Application is made for Payment, as shown below, In connection with the Contract. 1. ORIGINAL CONTRACT SUM ................................................... ............................... $1,855,621.00 2. Net change by Change Orders ............................................... ............................... $370,794.00 3. CONTRACT SUM TO DATE (Line 1 +/- 2) ............................. ............................... $2,226,415.00 4. TOTAL COMPLETED 6 STORED TO DATE ............................ ............................... $1,674,697.17 5. RETAINAGE: a. 5% of Completed Work $0.00 b. _% of Stored Material 10.00 Total Retainage (Una 5a + Sb) ................................................... ............................... $0.00 S. TOTAL EARNED LESS RETAINAOE ....................... ............................... $1,674,697.17 (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line S from prior Certificate) ............... ............................... 11,575,077.43 S. CURRENT PAYMENT DUE ...................................... ............................... $99,61 9. BALANCE TO FINISH, PLUS RETAINAGE ................ ............................... $551,717.84 (Line 3 Was Line 6) State of: Colorado County of: Denver Subscribed and sworn to before me this day of ,1995 01/04/98 O Peggy Pierce AUG 21 1995 '�� I \Sl- - `V41, 7r ��� ACCOUNTING i(;JVED FOR p ,y ANT AUG 17 1995 ACCOUNTING WESTERN INDUSTRIAL CONTRACTORS r.Plk . ION NUMBER: 10 IATION OF AMERICAN RAILROADS - SCHEDULE OF VALUES TASK DESCRIPTION WORA , METER MOBILIZATION WIC TRANSPORTATION ENGINEERING NEW AIR FILTER SYSTEM CONCRETE (L.O.S.T.) ELECT (MAIN) TASK DESCRI TRACK TEST LAB MOBILIZATION WIC TRANSPORTATIO ENGINEERING MATERIAL CONCRETE (L. .S.T.) ELECT (MAIN) ? gilgl5� COLLECTOR) 9ow"E/ r( 9v ,wjEZ r( TASK DESCRIPTION / WORA AIR BRAKE LAB 3 MOBILIZATION WIC ' MATERIAL 8 TRANSPORTATION MECH, HV/ C, SPRINKLER, ETC. L.O.S.T. i ELECT (MAIN) TASK DESCRIPTION WORA MTS LOAD FRAMF 60 KIP 4 MOBIL ION WIC TRANSPORTATION ENGINEERING & MATERIALS HYDRA t LIC PUMP SOUND CONTROL ROOM L.O.S.T. ELECT ( 1 I TASK DESCRIPTION WORA BEARING TEST LAf 5 MOBILIZATION WIC TRANSPORTATION & MATERIAL L.O.S.T. I ELECT (MAIN) COOLING(WATER SYSTEM ' qOG! /Es I� TASK DESCRIPTION WOR ROLLING LOAD MACHI(NEW) MOBILIZATION WIC TRANSPORT 10ls ELECT (MAIN) TASK DESCRIPTION ROLLING LOAD MACH (OLD) MOBILIZATION WIC TRANSPORTATION ELECT (MAIN) MTS LOAD FRAMES MOBILIZATION WIC TRANSPORTATION ELECT (MAIN) TASK DESCRIPTION TIE WEAR MACHINES (3) MOBILIZATION $1,781.00 $7,101.00 & MATERIAL $4,050.00 $4,878.00 $17,810.00 WORA 7 $2,435.90 $7,110.00 $3,690.00 $11,123.10 fp" / 6 7 n $24,359.00 ORA 8 $1,578.30 $4,454.10 $675.00 $9,075.60 $15,783.00 WORA 8 $1.142.30 $1,781.00 $0.00 $7,101.00 $0.00 $4,050.00 $0.00 $4,878.00 $0.00 $17,810.00 $0.00 $2,435.90 $0.00 $1, $0.00 $3,690.00 $0.00 $6,673.86 $2,224.62 $14,577.26 $2,224.62 $1,578.30 $0.00 $4.454.10 $0.00 $675.00 $0.00 $9.075.60 $0.00 $15,783.00 $0.00 $1.142.30 $0.00 $1,781.00 100% $0.00 $7,101.00 100% $0.00 $4,050.00 100% $0.00 $4,878.00 10D% $0.00 $17,810.00 $0.00 $2,435.90 100% $0.00 $1,777.50 25% $5,332.50 $3,690.00 100% $0.00 $8,898.48 80% $2,224.62 $16,801.88 $7,557.12 $1,578.30 100% $0.00 $4,454.10 100% $0.00 $675.00 10D% $0.00 $9,075.60 100% $0.00 $15,783.00 $0.00 $1.142.30 100% $0.00 BALANCE TO VALUE PREV PERIOD THIS PERIOD COST TO DATE % COMPLETE FINISH $55,461.20 $55,461.20 $0.00 $55,461.20 100% $0.00 $115,477.20 $28,869.30 $5 ,773.86 $34,643.16 30% $80,834.04 $36.000.00 $0.00 $3,600.00 $3,600.00 1D% $32,400.00 $43, 200.00 $43,200.00 $0.00 $43.200.00 100% $0.00 $9 ,000.00 $6.300.00 $0.00 $6,300.00 70% $2,700.00 $198,165.60 $176,367.38 $21,798.22 $198,165.60 100% $0.00 $97, 308.00 $38, 923.20 $0.00 $38,923.20 40% $58.384.80 $554,612.00 $ 349,121.08 $31,172.08 $380,293.16 $174,318.84 $64.234.50 $0.00 $64,234.50 100% $0.00 $64, 234.50 $169,830.00 $67. 932.00 $ 8,491.50 $76,423.50 45% $93,406.50 $45, 000.00 $ 24,750.00 32,250.00 $27,000.00 60% $18,000.00 $ 9,000.00 $9.000.00 $0.00 $9,000.00 10D% $0.00 $11, 700.00 $3, 510.00 $0.00 $3,510.00 30% $8190.00 5298, 110.60 $295,129.49 $2,981.11 5298,110.60 100% $0.00 $44, 469.90 $20.011.46 $0.00 $20.011.46 45% $24,458.45 $642,345.00 $484,567.45 $13,722.61 $498,290.06 $144,054.95 1 $23,341.70 23,341.70 $0.00 $23,341.70 100% $0.00 $104,385.60 104,385.60 $0.00 $104,385.60 100% $0.00 $18,900.00 18,900.00 $0.00 S18,9W.00 10D% $0.00 $13,500.00 12,150.00 $0.00 $12,150.00 90% $1,350.00 $31,380.30 31,380.30 $0.00 $31,380.30 100% $0.00 $41,909.40 41,909.40 $0.00 $41,909.40 100% $0.00 $233,417.00 $232,066.99 $0.01 $232,067.00 $1,350.00 $10,364.60 $0.00 $10,364.60 100% $0.00 $10,364.60 $27, 825.30 $27,825.30 $0.00 $27,825.30 10D% $0.00 $8.325.00 $8.325.00 $0.00 $8,325.00 100% $0.00 $ 2,700.00 $2,700.00 $0.00 $2.700.00 100% $0.00 $ 8,100.00 $8,100.00 $0.00 $8,100.00 100% $0.00 $ 2,886.30 $2,886.30 $0.00 $2,886.30 100% $0.00 $43, 444.80 $43.444.80 $0.00 $43,444.80 100% $0.00 $1� $103,646.00 $0.00 $103.646.00 $0.00 $10,407.30 $0.00 $10,407.30 100% $0.00 $10,407.30 $29,683.80 $7,420.95 $2,968.38 $10,389.33 35% $19,294.47 $6, 300.00 $2,520.00 $3,780.00 $6,300.00 `100% 50.00 $6 ,419.70 $6,419.70 $0.00 $6,419.70 100% $0.00 $42, 982.20 $27,938.43 $4,298.22 $32,236.65 75% $10,745.55 $8,280.00 $0.00 $0.00 $0.00 0% $8,280.00 $1� $54,706.38 $11,046.60 $65,752.98 $38,320.02 $1,781.00 $7,101.00 & MATERIAL $4,050.00 $4,878.00 $17,810.00 WORA 7 $2,435.90 $7,110.00 $3,690.00 $11,123.10 fp" / 6 7 n $24,359.00 ORA 8 $1,578.30 $4,454.10 $675.00 $9,075.60 $15,783.00 WORA 8 $1.142.30 $1,781.00 $0.00 $7,101.00 $0.00 $4,050.00 $0.00 $4,878.00 $0.00 $17,810.00 $0.00 $2,435.90 $0.00 $1, $0.00 $3,690.00 $0.00 $6,673.86 $2,224.62 $14,577.26 $2,224.62 $1,578.30 $0.00 $4.454.10 $0.00 $675.00 $0.00 $9.075.60 $0.00 $15,783.00 $0.00 $1.142.30 $0.00 $1,781.00 100% $0.00 $7,101.00 100% $0.00 $4,050.00 100% $0.00 $4,878.00 10D% $0.00 $17,810.00 $0.00 $2,435.90 100% $0.00 $1,777.50 25% $5,332.50 $3,690.00 100% $0.00 $8,898.48 80% $2,224.62 $16,801.88 $7,557.12 $1,578.30 100% $0.00 $4,454.10 100% $0.00 $675.00 10D% $0.00 $9,075.60 100% $0.00 $15,783.00 $0.00 $1.142.30 100% $0.00 (k MONTHLY PROGRESS REPORT AAR Research and Test ASSOCIATION OF AMERICAN Site Consolidation RAILROADS Research & Teat Deporanent August, 1995 A. SIGNIFICANT ACCOMPLISHMENTS CTC Equipment Move • Contractor submitted final drawings for the RDL water cooling system extension to the bearing laboratory. The Contractor's cost proposal to perform the additional work is $17,460. Electrical design drawings are near completion and are anticipated to be submitted by August 31. • Foundation work for the dynamometer in the Components Test Laboratory is complete except for minor punch list items. Contractor has started installation of electrical power and controls, air filter system, control room, and main unit accessory components. The main unit has been loaded on a rail car and is in route to TTC. All other components have arrived at TTC. Installation work is approximately 65% complete. • Utilities were extended to two old rolling load machines in the CTL high bay and made operational. Testing is currently being performed with the units. The two remaining units to be installed in the CTL are still being used for testing at CTC. They will be loaded and transported by others separate from the WSI contract at a later date. The two units will be installed by WSI when they arrive at TTC. • Dismantlement work was completed on the track laboratory. Shipping of equipment is approximately 80% complete. The test car is scheduled to be shipped by rail. Contractor has been experiencing delays in getting cars on site for the move. The cars are now anticipated to be loaded by the end of August. As a result of the railcar delay, the Contractor loaded the track laboratory ramps on trucks to reduce the impact of lost time to the project schedule. The Amsler Load Frame has been installed over the test bed area. Both ramp sections have been set in place. Installation work is approximately 75% complete. • Contractor set the three bearing test fixtures and the two hydraulic pumps in the RDL clean room areas. Electrical power was extended to the units and work was started to extend hydraulic supply lines. Installation work is approximately 65% complete. • The remainder of the miscellaneous equipment has also been shipped this month by WSI. This includes the additional equipment added to the contract last month. All items to be removed by WSI from CTC will have been completed by the end of August, with the possible exception of the track laboratory test car. TTC Office Modifications • Completed the switching of individual computers over to the new Lan hardware system. Work on the new Lan system is complete except for minor punch list items. • Construction work was completed on the building office modifications except for minor punch list items. Work completed during this month includes modifications in the OPS in the area of Harris Hall, Cafeteria expansion, and the east end of the 1 st floor OPS Addition. Rebalancing of the OPS HVAC system is near completion. Carpeting was completed in the PUB and OPS. Personnel office moves have been completed for all currently at TTC. The new library still requires setup. Two van loads of furniture arrived in August from CTC, with the final van being loaded during the last week of August, and scheduled to arrive in September. A partial van load of furniture was also received from Washington DC. • Colorado Telecommunications Center, Inc. has developed a schedule for the telephone system upgrades. System upgrade components are on order and will be on site by the second week in September. Installation of the new system is anticipated to start September 13, with change over on the weekend of September 16 -17. The Meridian 1, Option 61C PBX System purchased by CTC has been shipped to Sprint/ Centel - Illinois as a return for credit. TECHNICAL, COST, OR SCHEDULE PROBLEMS Delays were experienced with the dynamometer, bearing test laboratory, and two of the old rolling load machines in having equipment available for dismantlement when scheduled. The delays were needed to accommodate testing prior to dismantlement. As of this date, a specific schedule has not been set for the two rolling load machines still in CTC. Anticipate the units to be loaded and shipped in September to TTC. Completion of the dynamometer installation should not be effected. The bearing test fixture installations will be impacted more by the new water cooling system for the pump units than the delay with the dismantlement. Expended plus committed costs shown on the monthly report for the building refiubishment work reflect projected costs based on the finalized work plan. These costs will vary from the budgeted amounts listed for each individual building, but will balance with the total amount budgeted for the Office Move/ Refurbishment project as a whole. We have reached the maximum number of separate extension numbers available on the current TTC telephone system until the system upgrade is installed in mid- September. Existing extension numbers will have to be reviewed and reassigned based on priority until the upgrade is in place. The anticipated credit to be received for the CTC purchased telephone system returned to Sprint/ Centel - Illinois will be used to offset some of the costs for the existing NEC system upgrade at TTC. The amount is anticipated to be between $45 -50K. We are currently looking at costs to install a scaled down version of an environmental enclosure around one of the bearing test fixtures in the RDL. The system will use the existing refrigeration equipment in CTC. If current funding allows, the work will be performed as a separate contract. D. THE FOLLOWING TASKS ARE PLANNED FOR NEXT REPORTING PERIOD • Continue with installation of the dynamometer equipment. Anticipate receiving the main unit of the dynamometer and setting place. Complete installation of the control room and start installation of the controls by Link Engineering. Set primary power control panels and complete electrical work. • Complete operational checkout on the large MTS load frame (660 Kip). • Continue with installation of track laboratory equipment at TTC. Anticipate receiving the test car by rail and setting the unit on the track laboratory fixture. Start electrical work to extend electrical power to the facility and erect the trolley power grid. • Continue installation of the bearing test equipment in the RDL clean rooms. Start installation of the cooling water system and modify the hydraulic pumps to use the system. Installation work for the bearing equipment should be complete, except for the cooling water system. • Receive and install remaining CTC print shop equipment and furniture at TTC. Anticipate receiving three van loads of equipment/ furniture to complete the move. • Anticipate receiving the OPS HVAC balancing report and completing the remaining punch list items on the office modifications construction work. • Contractor for the telephone system upgrade will install the new system components and put into service. The voice mail system will be removed from CTC and reinstalled at TTC. Training on the use and maintenance of the new system will also take place. OV • Cplo, o STATE RADO DEPARTMENT OF STATE CERTIFICATE I, NATALIE MEYER, Secretary of State of the State of Colorado hereby certify that the prerequisites for the issuance of this certificate have been fulfilled in compli- ance with law and are found to conform to law. Accordingly, the undersigned, by virtue of the authority vested in me by law, hereby issues A CERTIFICATE OF AUTHORITY TO ASSOCIATION OF AMERICAN RAILROADS A DIST. OF COLUMBIA NONPROFIT CORPORATION