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.
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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
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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