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HomeMy WebLinkAboutCouncil Actions 03-07-94MCCADDEN 31880 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL March 7, 1994 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order Roll Call. Counci~ Member Bowles was absent. The Invocation was delivered by The Reverend Larry D. Atkin, Pastor, Edgewood Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. BID OPENINGS A. Bids for improvements to the Deanwood Industrial Park area. Three bids were referred to a commiltee composed of W'dliam White, Chairperson, William F. Clark and Charles M. Huffine for tabulation, report and recommendation to Council. 2. CONSENT AGENDA C-1 C-2 C-3 (APPROVED 6-0) ALL MA2TERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Qualification of Willard G. Light as a member of the Board of Zoning Appeals for a term ending December 31, 1996. RECOMMENDED ACTION: Receive and file. Qualification of Reginald P. Church as a member of the Board of Building Code Appeals for a term ending September 30, 1995. RECOMMENDED ACTION: Receive and file. 2 REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATI'ERS: None. 4. PETITIONS AND COMMUNICATIONS: 5. REPORTS OF OFFICERS: None. CITY MANAGER: BRIEFINGS: 1. A report with regard to the City's Special Events program. Received and filed. 2. A report with regard to the Urban Empowerment Zone and Enterprise Communities Program. Received and filed. ITEMS RECOMMENDED FOR ACTION: 3. A report recommending appropriation of $179,799.00 to various City department accounts to provide funds for the procurement of Capital Maintenance and Equipment Replacement items. Adopted Budget Ordinance No. 31880-030794. (6-0) 4. A report recommending an amendment to the March 15, 1991 agreement between the City of Roanoke and Appalachian Power Company by approval of a rate schedule for the purchase of electricity and for street lighting. Adopted Resolution No. 31881-030794. (6-0) 3 A report recommending execution of an agreement with the Virginia Department of Transportation for construction of waterline betterments for Phase II Improvements to the Carvins Cove Filter Plant, in the amount of $526,549.82; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31882-030794 and Ordinance No. 31883-030794. (6-0) 6. REPORTS OF COMMITFEES: A report of the Water Resources Committee recommending that a revocable permit be granted to owners of property located at 1134 Highland Avenue, S. E., thereby allowing the structure situated on such property to encroach into the alley behind said structure. Council Member James G. Harvey, II, Member, Water Resources Committee. Adopted Ordinance No. 31884 on first reading. (6-0) A report of the Water Resources Committee recommending that a revocable permit be granted to owners of property located at 2120 Carter Road, S. W., allowing a detached garage situated on such property to encroach into the right-of-way of a twenty foot wide alley known as Arbutus Lane. Council Member James G. Harvey, II, Member, Water Resources Committee. Adopted Ordinance No. 31885 on first reading. (6-0) A report of the Water Resources Committee recommending the abandonment and transfer of portions of Blue Hills Circle in the Roanoke Centre for Industry and Technology to Blue Hills Golf Corporation, and acceptance of a sanitary sewer easement from Blue Hills Golf Corporation. Council Member James G. Harvey, II, Member, Water Resources Committee. Adopted Ordinance No. 31886 on first reading. (6-0) 4 A report of the Water Resources Committee recommending execution of a new lease, on a month-to-month basis, between the City and Crystal Tower Building Corporation, for office space for the Regional Drug Prosecutor in the Crystal Tower Building. Council Member James G. Harvey, II, Member, Water Resources Committee. Adopted Ordinance No. 31887-030794. (6-0) eo A report of the Water Resources Committee recommending abandonment of the existing old sewer line under the structure to be occupied by Crisis Pregnancy Center of the Roanoke Valley, Inc., located at 3110 Williamson Road, N. W., and acceptance of the dedication of new easements in order to move the sewer line. Council Member James G. Harvey, II, Member, Water Resources Committee. Adopted Ordinance No. 31888 on first reading. (6-0) A report of the committee appointed to tabulate bids received for construction of a 500,000 gallon elevated storage water tank in the Roanoke Centre for Industry and Technology, recommending award of a contract to Caldwell Tanks, Inc., in the amount of $571,000.00; and appropriation of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 31889-030794 and Ordinance No. 31890-030794. (6-0) A report of the committee appointed to tabulate bids received for construction of 2,843 feet of water main and an access road to the proposed water tank in the Roanoke Centre for Industry and Technology, recommending award of a contract to J. P. Turner and Brothers, Inc., in the amount of $171,036.50; and transfer of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 31891-030794 and Ordinance No. 31892-030794. (6-0) 5 ho A report of the committee appointed to tabulate bids received for Carvins Cove Filter Plant Improvements, Phase II, Contract A-l, installation of water lines from the Carvins Cove Filter Plant to the VDOT Williamson Road Project near Hollins College, recommending award of a unit-price contract to Aaron J. Conner, General Contractor, Inc., in the amount of $1,254,475.00; and transfer of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 31893-030794 and Ordinance No. 31894-030794. (6-0) A report of the committee appointed to tabulate bids received for Carvins Cove Filter Plant Improvements, Phase II, Contract A-2, installation of water lines from the Boxley Hills Pump Station to the VDOT Williamson Road Project near Plantation Road, recommending award of a unit-price contract to Laramore Construction Company, Inc., in the amount of $1,469,735.00; and transfer of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 31895-030794 and Ordinance No. 31896-030794. (6-0) 7. UNFINISI-1ED BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF Ordinance No. 31874, on second reading, authorizing the execution of certain documents relating to the exchange of certain property between the City and James L. Trinkle, subject to various terms and conditions. Adopted Ordinance No. 31874-030794. (6-0) 6 10. b. A Resolution memorializing the late Donald Bartol. Adopted Resolution No. 31897-030794. (6-0) MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. The City Attorney was requested to prepare the proper measures memorializing Bob M¢Clelland and John Hancock. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. OTI4ER HEARINGS OF CITI7]~NS: The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., and Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., addressed Council in connection with 5.A.2., Urban Empowerment Zone and Enterprise Communities CERTIFICATION OF EXECUTIVE SESSION. (6-0) Appointed David Hill as a member of the Roanoke Arts Commission. 7 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir ~inia 2~1011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 14, 1994 File #207 The Honorable WilLiam White, Sr., Chairperson ) William F. Clark ) Committee Charles M. Huffine ) Gentlemen: The following bids for improvements to the Deanwood Industrial Park area were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994: BIDDER Adams Construction Co. S. R. Draper Paving Co., Inc. S. C. Rossi & Co., Inc. TOTAL AMOUNT $235,570.00 246,284.30 258,577.50 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Wilburn C. DibLing, Jr., City Attorney DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 2401 1-1594 Telephoae: (703) 981-2444 March 7, 1994 The Honorable Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB: se MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir ~inia 22011 Telephone: (703) 981-2~41 Deputy City C~erk March 14, 1994 File #15-51-110 L. Elwood Norris, Chairperson Board of Zoning Appeals 3818 Park Lane, S. W. Roanoke, Virginia 24015 Dear Mr. Norris: This is to advise you that Willard G. Light has qualified as a member of the Board of Zoning Appeals for a term ending December 31, 1996. Sincerely, ~C~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno o pc: Evelyn D. Dorsey, Acting Zoning Administrator Martha P. Franklin, Secretary, Board of Zoning Appeals Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Willard G. Liqht (W. G. "Bill" Light) , do solemnly swear (or affirm) that l will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me asa member of the Board of Zoning Appeals for a term ending December 31, 1996. according to the best of my ability. So help me God. Subscribed and sworn to before me, this ~,~o? '~-?' day f~_~,~/~'~- 19 ARTHUR B. CRUSH, III, CLERK BY MARY F. pAIaKFJ~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir ~inia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 14, 1994 File #15-32-110 Ronald H. Miller Building Commissioner Roanoke, Virginia Dear Mr. Miller: This is to advise you that Reginald P. Church has qualified as a member of the Board of Building Code Appeals for a term ending September 30, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Patti C. Hanes, Secretary, Board of Building Code Appeals Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Regi nal d P. Church , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon measa member of the Board of Building Code Appeals for a term ending September 30, 1995. according to the best of my ability. So help me God. Subscribed and sworn to before me, this ~- ~ day of ~~ 19 q~ ARTHUR B. CRUSH, III, CLERK BY ~ '~¥l°-~'~')~(<~,-~, DEPUTY CLERK Roanoke, Virginia March 7, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: Subject: Briefing - Special Events Please reserve space on your agenda for a briefing regarding the above subject. WRH:WFC:pr cc: City Attorney Director of Finance Respectfully, W. Robert Herbert City Manager Director of Public Works A Briefing on Special Events in the city of Roanoke Prepared by Laban Johnson, Special Events Coordinator For Roanoke city Council February 28, 1994 It was just six years ago, Monday evening June 20, 1988, the dedication of the Mayor Taylor told Mr. Roanoke as Virginia's Festival city when he gave his annual state of the city address to city Council. at new marquee sign at the civic center that Herbert and me that he planned to declare Since that time nothing has been the same - for Roanoke or the Office of Special Events. At this point we thought you might like to know what's happened since that night and where we are headed. Council appointed a Special Events committee and a Coordinator early in 1983 as successors to similar positions created for our centennial in 1982. Many of those events were carried over by the new Special Events Committee. Indeed, there are still four of them going on - the Class Reunion Party, the carnival, the Beach Party and the Lighting of the Community Tree at Thanksgiving. However, all four of these remaining original events of the Special Events Committee have changed over the years or are about to change. The Class Reunion Party will become an alternative 1 music festival and warm up event for the Tour Du Pont. The Great James H. Drew Exposition at the civic center has become the carnival, replacing the old one at Victory Stadium. The Beach Party will move to the significantly enlarged. has been moved from the stadium this year in August and will be And finally, the Tree Lighting Ceremony front of the municipal building where we could never get an evergreen to grow to Lee Plaza because there's more room for the ever growing crowd on Thanksgiving night. Of course there are many other projects your committee supports. They have joined with other organizations to present events that no one could undertake alone such as the Conservation Festival at the zoo and the Brown Bag Arts Series all summer long at Crestar Plaza. Street Heritage instrumental in They have helped Festival and the rescuing the Chili Ceremonies of the Commonwealth Games. fund and establish the Henry Railway Festival and were Cookoff and the Opening The committee has in fact done what it set out to do from the beginning - to both present and foster events in the city. The committee, as well as the office of Special Events, is particuarly grateful to Mayor Bowers who has continued to support and nurture the Festival city concept. The impact of the Festival city designation has been dramatic. It has succeeded far beyond our expectations. The Roanoke city office of Special Events now serves as the central clearing house for event schedules in Western Virginia. Our listings of events for 1993 numbered 1,911. How many of those events were in Roanoke? Here the accounting for 1993. · 204 permits were issued last year for events. Don't be fooled by that small number because it reflects only those events held out of doors. We estimate that the total number of events held in the city last year to be well in excess of 500. · 24 large festivals were held in the Magic city in 1993. These include everything from Festival in the Park to Roanoke Catholic's Carousel. Many of these events last for more than one day and draw thousands of people. · 28 fund raising events were held in public places. You could walk your legs off if you participated in all of the walks on our streets and at Victory stadium each year. · 4 patriotic events were scheduled, mostly at the War Memorial outside in Lee Plaza. · 11 parades marched along our thoroughfares including two by the Kazim Temple, led by someone looking suspiciously like the 3 sheriff and the small but delightful neighborhood Christmas Parade on Grandin Road. As we all know, especially the Special Events Coordinator, we would have had our usual large Christmas parade had it not been for torrential rains on December 4. · 10 runs kept the athletically inclined in shape last year, again giving our pavements the pounding of thousands of feet. · 6 special, one-time sporting events were conducted on city properties such as the Jaycees' 3 on 3 Basketball Tournament. Dozens of other sporting events attracted thousands of athletes to the valley who ate in our restaurants and slept in our hotels and motels. · Our spiritual natures rejoiced as 26 religious events were scheduled our parks to a corner of the market. · 39 protests or demonstrations were right-of-ways. That number, incidentally, years, · in locations ranging from the stadium to small tents in conducted along city is down from previous reflecting perhaps, a city with fewer conflicts. 20 block parties entertained our citizens in their own neighborhoods using our streets as festival areas and bringing old friends together one more time. · There were 37 miscellaneous events in the total including the SPCA's Bark in the Park, an event for dogs and a couple of press conferences for traveling politicians who were real glad to be here. Not covered in these figures are numerous little bitty events that snuck in with out asking. But we can deal with them if they didn't leave a mess, bother anybody and snuck out again when they were done. The one thing that all of these events had in common was that they all needed help of some kind from the city. stage, or two stages, or an electrical hook-up, cans, side Maybe it was a or extra trash or police to lead the parade or keep the protesters on one from bopping the other side with their signs. Some groups were grateful for our assistance. Others were not. Some planned carefully for their needs. Many did not. The bottom line is that although we now have more events than you can shake a stick at as my grandmother used to say - we have exceeded the limit of what we can do with the resources we have. Most of these events occur between mid April and mid October. By September the overload light is flashing and everyone is 5 budget resources to provide 10 off-duty stressed out. It is very hard to do those things that citizens have every right to expect such as mow the grass and patrol the neighborhoods and pick up the garbage and still find the time and put up the stage somewhere on the market, officers for security and haul off two truck loads of trash somebody forgot. Other city departments must also attempt to collect admission and prepared food taxes. inspect carnival rides tents. Who answers questions such as "why do we have to much liability insurance?" others must try to enforce zoning laws or and temporary structures such as revival have so It is hard to communicate the terror you feel when you discover in the newspaper that some large organization is planning to have an event in downtown with bands and vendors and thousands of people and not one iota of planning has been done with the city who will be expected to supply several thousands of dollars of services and equipment and smiling, pleasant employees that will overcome every obstacle - before 10 am. You may ask, "how much does all this cost? 6 What is the return on the city's investment?" These are good questions but they are very hard to answer. In anticipation of them, we've prepared a few figures that might interest you. We have pulled out the examples as representatives of the broad range of events in the last fiscal year. These are all fine events and by using them as examples we are not being critical. Indeed they help generate the positive environment that is so important to our future. They are just part of a cross section. A small event that generated no income for the city through sales, prepared food or admission taxes was a program by People Against Impaired Drivers in Lee Plaza. Great event, small turnout and a cost to our Building Maintenance department of $108. That's what it cost to turn on the electricity and provide a set up. No charge was made for the electricity used. A big event, Downtown Roanoke's Chili Cookoff, little or nothing in direct Maintenance $971 in labor and also generated tax revenues but cost Building materials. Add the clean up plus stage and canopy from Parks and Recreation and the figure jumps to nearly $2,000. 7 If you look at the biggest event, Festival in the Park, the difference in income and expenditure is even greater. In 1993 Festival generated about $10,270 in admission and prepared food taxes but cost the city in excess of $30,000 in labor and materials or "real dollars". For the puposes of this report, "real dollars" refer to direct expenditures and revenues and not to values placed on such things as media exposure, image building and the enhancement of our quality of life. Even if there was a way to determine the city's share of the state sales taxes generated by Festival, and there isn't, and even if we could tell whether or not anybody spent the night in a motel within the city while they were at the Festival, and we can't, we are still not breaking even in terms of real dollars. Even something as small as a barricade can cost a bundle. In the last fiscal year we delivered and subsequently picked up 1,954 barricades for 101 events. Every block party costs about $50 for pick up and delivery of barricades. By the way, I wondered how much the barricades cost. The answer is $50 each and if you get one with a light, it's $75. Sometimes we don't have enough barricades to go around and we have to rent them. Minimum rental fees are $25 per 24 hours. In FY '93, we rented 100 of them. The Police Department also takes it on the chin with many events. Just one foot race, the Star city Half Marathon, in November, cost $1021 in police overtime. High school football at the stadium soaks up over $1,100 in police overtime during one season and that's beyond the amount the school system pays directly for police. What do we actually derive from these events. For some, like the Commonwealth Games and the Crestar Soccer Tournament, we believe that we are doing quite well in terms of "real dollars". The heads are on the beds of our motels, the restaurants are full for days and when the participants leave town, there are additional dollars in the city treasury. To be fair, we know also, that even though folks going to Dickens of a Christmas are not spending a dime on admissions to anything, they are filling our restaurants and we all benefit through the meals tax. We must also salute First Fridays at 5. They pay every 9 applicable tax and city fee, thereby generating considerable direct revenues for the city and they contribute thousands of dollars to charities that would otherwise be on your doorstep at budget time. Yes, by using those economic development multipliers, an event can claim to be generating millions of dollars. Those figures are sometimes producing those monies will, overstated but we do believe that our events are substantial revenues for city businesses and some of over time, trickle into the city coffers. Just as important as those "real broader purpose of our events program. price on the feeling of pride in our community. great pleasure to all of us when we see the faces at our events. The value to our city dollars" however is the It is impossible to put a It is a source of thousands of happy of those smiling, energetic young athletes at the Commonwealth Games in the video you just saw is worth more than diamonds. It is that image we must keep in mind as we try to balance our books. And as we work on those books I must remind you, that since 1983 when the Special Events Coordinator's position was created, not one additional employee has been hired to support Special Events and because of budget cuts, the city's annual line-item appropriation is actually smaller. Not one penny additional has been added to any departmental budget to cover the cost of these events. Every department touched by the events has absorbed the costs and all tax revenues from the events go into the general fund, not back into the departmental budgets. The point is that we are the Festival city. We have a burgeoning number of festivals. The economic potential is substantial but so are the costs. Our current resources have been exceeded. How do we get our hands around this issue before it becomes a crisis? We have been working festivals ordinance. ordinances now in the for more than a year on a plan, a new It would bring together many of the city code that affect festivals and other public gatherings. It would allow our citizens a realistic look at what is required to put on an event on public property and it would require those presenting events that generate profits to participate in funding themselves. We are not yet ready to bring it to you. 11 We need to get out and talk to those who will be affected - both event producers and the public, but with your blessing and their cooperation, we will be Virginia's Festival city and live to tell about it. Incidentally - my grandmother used to say that too. '94 t':!~-2 !-12:57 Roanoke, Virginia March 7, 1994 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Urban Empowerment Zone and Enterprise Communities Program Please reserve space on Monday's agenda for a briefing on the above- referenced matter. Respectfully submitted, W. Robert Herbert City Manager WRH: mpf EMPOWERMENT ZONE AND ENTERPRISE COMMUNITY KEY PRENC IP_[~S The Empowerment Zone and Enterprise Community program was created to afford communities real opportunities for growth and revitalization. The framework of the program is embodied in four key principles. We should be guided by these pnnciples ~hicb serve as the basis for the key criteria which will be used to evaluate the strategic plan. I. ECONOMIC OPPORTUNITY The first priority in revitalizing distress~ communities is achieving economic opportunities-- jobs and work--for all residents. The creation of jobs, both within the community, and throughout the region, provides the found,anon on which communities may revitalize themselves and help their residents become economically self-sufficient. ff. COMMUNITY DEVELOPMENT Economic opportunity is the critical fi.r~t step toward the creation of a liveable and vibrant community where human initiative and endeavor and stable ramifies can flourish. A community where the streets axe safe to walk, the air and water axe clean, housing is secure, and human services are accessible, and where a vital civic spirit is nurtured by innovative design, is a community that can be a source of strength and hope to its residents. This imtiative seen to empower communities by supporting local plans to txansform neighborhoo:is, reinvigoratmg economic development and social service programs which create new opportunities for people and busineraea, and supporting community-based orgaviTations. III. COMMUNITY PARTNERSHIPS The road to economic u~-pormnity and community development sram with broad participation by all segments of the community. This may include, among others, the residents of the target community, the political and governmental !,-'~,ter-~tip, community groups, health and social service groups, religious orgamzations, private and non-profit sectors, educational institutions, and other permanent commumty msutuuons. Communities that stand together are communities that can rise together. Communities can not succeed with public re~oumes alone. Private and non-profit sut~port is critical to the succ. e~ of a community se~tdng revitalization. Partnerships also must be created within and among the levels of government. Government departments and agencies on all levels must work together to ensure their respective programs can be used in a strategic, coordinated and timely fashion. Through the Empowerment Zone and Enterprise Community process, the federal government offers a partnership agreement with communities and state and local governments: If you plan strategically and comprehensively, if you create a plan that is realistic and doable, we, the federal government, will waive burdensome regulations, overcome other regulator7 impediments and work with you to make our programs responsive to your plan. Show us an innovative vision with performance-based benchmarks and we will invest in your future. Waive regulations Simplify program rules Coordinate programs invest broad resources Allocate a portion of private activity bond cap Invest state resources anti federal funds provided to the state P~s through EZTEC SSBG funds Coordinate programs and agencies Plan comprehensively Leverage private resources Involve the entire community Streamline local government IV. STRATEGIC VISION FOR Cl~SNGE A community's vision must identify clear goals, establish priorities, and outline a future that will revitalize the area. The vision must be strategic: It must coordinate community need and assets in a comprehensive fa.~hion so that economic development, housing, community development, public safety, human and social m-vices, and env~nmental needs all contribute to civic spirit and mutual responsibility among M1 residents. It must also form the basis of a realistic stramgi¢ plan which identifies M~'ifi¢ tasks for implementation and establishes concrete benchmatk~ for measuring community progre~ and ass~sing how new experienCe and knowledge can be incorporated into a succ,~ul implementation strategy. CO~ WIN in the Designation as an ENTERPRISE COMMUNITY: The comn~unity is eligible for new Tax-Exempt Facility Bonds for certmn private business activities. States with designated communities are awarded up to $2,947,368 in Empowerment Zone/Enterprise Cormnunity - Social Service Block Grant (EZ/EC SSBG) funds to pass through to the community. Communities receive special consideration in competition for funding under numerous Federal Progrnmn, including the new National Service and Community Policing Initiatives. The Federal government will focus special attention on working cooperatively with designated communities to overcome regulatory impediments, to permit flexible use of existing Federal funds, and to meet essential mandates. MARY F. PARK~.I~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 14, 1994 File #1-5-22-34-45-60-67-72-83-106-162-189- 202-262-270-280-299-301-354-36]-472-497 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31880-030794 amending and reordaining certain sections of the 1993-94 Generai, City Information Systems, Management Services, and Fleet Management Fund Appropriations, providing for appropriation of $179,799.00 to various City department accounts in connection with procurement of Capital Maintenance and Equipment Replacement items. Ordinance No. 31880-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: The Honorable Gordon E. Peters, City Treasurer The Honorable Marsha Compton Fielder, Commissioner of Revenue W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Willard N. Claytor, Director of Real Estate Valuation Robert H. Bird, Municipal Auditor William F. Clark, Director, Public Works James A. McClung, Manager, Fleet and Solid Waste Management John W. Coates, Manager, Parks, Recreation and Grounds Maintenance J~mes D. Grisso March 14, 1994 Page 2 pc: George C. Snead, Jr., Director, Public Safety M. David Hooper, Police Chief Wanda B. Reed, Manager, Emergency Services Robert J. Agnor, Manager, Communications Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, General Services Archie T. Harrington, Manager, City Information System Glenn D. Radcliffe, Director, Human Development Kenneth S. Crordn, Personnel Manager Corinne B. Gott, Manager, Social Services Diane S. Akers, Budget Administrator, Office of Management and Budget Shelva S. Painter, City Registrar Molly L. Hagan, Acting Director, Health Department IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th day of March, 1994. No. 31880-030794. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1993-94 General, City Information Systems, Management Services, and Fleet Management Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 General, City Information Systems, and Management Services Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A ro riations General Government City Treasurer (1)... General Services (2).~i~i~i~~~ Public Safety Police Patrol (3) .................................. Emergency Medical Services (4) ..................... Nondepartmental Transfer to Other Funds (5-6) ...................... Fund Balanoe CMERP - City - Unappropriated (7) .................... $ 9,389,025 761,758 229,200 31,242,031 7,432,645 1,353,467 46,273,627 45,538,465 1,071,946 Citv Information Systems Fund A ro riations Operating Expenses (8) ................................ Capital Outlay (9) .................................... 2,057,761 364,451 Revenue Nonoperating Revenue (10) ............................. 50,000 Retained Earnlnqs Retained Earnings (11) ................................ Manaaement Services Fund A ro riations Operating Expenses (12) ............................... Capital Outlay (13) ................................... Retained Earnings Retained Earnings (14) ................................ Fleet Manaqement Fund A ro riations Capital Outlay (15) ................................... Revenue Nonoperating Revenue (16) ............................. 1,018,904 421,648 61,197 331,737 2,885,172 13,808 1) Expendable Equipment 2) Expendable Equipment 3) Other Equipment 4) Other Equipment 5) Transfer to CIS Fund 6) Transfer to Fleet Manage- ment Fund 7) CMERP - City - Unappropriated 8) Expendable Equipment 9) Other Equipment 10) Transfer from General Fund (001-020-1234-2035) (001-056-1237-2035) (001-050-3113-9015) (001-050-3521-9015) (001-004-9310-9513) (001-004-9310-9506) (001-3323) (013-052-1601-2035) (013-052-1602-9015) (013-020-1234-1037) 770 5OO 506 14,000 50,000 13,808 79,584) 10,104 137,298 50,000 11 12 13 14 15 16 Retained Earnings Expendable Equipment Other Equipment Retained Earnings Other Equipment Transfer from General Fund '013-3336) 015-002-1617-2035) 015-002-1618-9015) 015-3336) 017-052-2642-9015) 017-020-1234-1037) 97,402) 253 2,560 2,813 13,808 13,808 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke ,~ ~;irctinia March 7,~9~-2 ?~.7~,: Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Fund Appropriations I. Background Capital Maintenance and EquiDment Replacement needs have been identified for various departments. Identified items are needed for the continued efficient and most effective performance of assigned duties and responsibilities. Attachment "A" is a listing of those identified items that are anticipated to cost less than $15,000 per single item. Single purchases, which will cost less than $15,000 will be procured in accordance with the Procurement section of the Code of the City of Roanoke. II. Current Situation Council's apDropriation of Funds are necessary to provide for the purchase of those items as listed on Attachment "A". III. Issues A. Need B. Timeliness C. Fund Availability IV. Alternatives Council appropriate $179~799 to various City department accounts to provide for the procurement of Capital Maintenance and Equipment Replacement items as listed on Attachment "A" of this report. Need - Items requested are necessary for the continued performance of those departments listed. Fund Appropriations Page 2 Timeliness - Requested items can be procured in the most timely fashion with this alternative. Fundinq - Designated Funds are available in the Capital Maintenance and Equipment Replacement Program, City Information Systems Prior Year Retained Earnings Account and Management Services Prior Year Retained Earnings Account to provide for the purchase of requested items. B. Do not appropriate Funds. Need - Required duties in various departments would not be accomplished in the most efficient manner. 2. Timeliness - would not be a factor in this alternative. Fund Availability - Designated Funds would not be expended under this alternative. Recommendation Council concur with Alternative "A" - appropriate $179,799 from Capital Maintenance and Equipment Replacement Program, City Information Systems Fund Prior Year Retained Earnings, and Management Services Fund Prior Year Retained Earnings to various accounts as follows: Capital Maintenance and Equipment Replacement Proqr~m $13,808 to Fleet Management Account 017-052-2642- 9015 2. $770 to City Treasurer Account 001-020-1234-2035 3. $506 to Police Department Account 001-050-3113-9015 $14,000 to Emergency Medical Services Account 001- 050-3521-9015 5. $500 to General Services Account 001-056-1237-2035 6. $50,000 to City Information Systems Account 013- 052-1602-9015 Fund Appropriations Page 3 cc: City Information Systems Fund Prior Year Retained Earninqs 7. $87,298 to City Information Systems Account 013- 052-1602-9015 8. $10,104 to City Information Systems Account 013- 052-1601-2035 Management Services Fund Prior Year Retained Earnings $2~560 to Management Services Account 015-002-1618- 9015 10. $253 to Management Services Account 015-002-1617- 2035 Respectfully Submitted, W. Robert Herbert City Manager Director of Finance City Attorney Management & Budget Attachment "A" Fleet Manaqement 2 - Animal Transport Bodies For Pickup Trucks $13,808 City Treasurer 5 - Office Calculators 770 Emerqency Medical Services 9 - Opticon Units 14,000 General Services Table and Cabinet For Mail Room 500 Personnel Manaqement 2 - Personal Computer Processor 2 - 3270 Connections 2 Printer Cables and 1 Switch 3,800 1,354 164 Real Estate Valuation 7 - Personal Computer Processors 7 3270 Adapters & Software 7 - Wordperfect Software 5.1 14,420 4,739 1,771 Police 4 - Personal Computer Processors 1 - Epson Printer 4 3270 Adapters & Software 3 - Wordperfect Software 6.0 Upgrade 2 - Professional File Software 8,240 219 2,708 272 336 Police Traffic Bureau 2 - Personal Computer Processors 2 - Wordperfect Software 2 - Professional File Software 2 - Forms Tool Software 2 - 3270 Adapters & Software 1 - Laserjet Printer W/Envelope & Sheet Feed 1 - Surveillance Camera 4,120 506 336 200 1,354 2,081 506 Attachment "A" Page 2 City Attorney 1 - Personal Computer Processor 1 - Wordperfect Software 1 - Deskjet 500 Printer 2,060 253 249 City Information Systems 1 - Personal Computer Processor & Monitor 5 - Personal Computer Processors 3,445 10,300 Social Services 8 - Personal Computer Processors 1 - NEC Printer 1 - 3270 Adapter and Software 6 - Wordperfect Software 2 - Lotus 1-2-3 Software 4 - Printer Cables & 2 Auto Boxes 4 - HP Laser Printers Recreation 1 - Personal Computer Processor & Monitor 1 - 8 MB Memory Upgrade 1 - Token Ring Hardware 1 - Network Software 1 - Intellegent TR Concentrator Cabling Supplies 1 - Smart UPS 600 1 - Powerchute Software For UPS 1 - Tape Backup System Data Cartridges 1 - 2400 Baud External Modem 1 - Facility Management System 1 - Mailing List, Labels and Demograph Software 1 - Upgrade to Registration Software Parallel Line Ext. and Cable 16,480 539 677 1,518 642 328 2,340 2,383 372 6,408 2,145 3,395 450 380 76 273 245 119 2,490 490 2,000 106 Reqistrar 1 - Personal Computer Processor 1 - 3270 Adapter and Software 1 - Wordperfect Software 5.1 2,060 677 253 Attachment "A" Page 3 Communications 1 - Win 486 DX 2.50 Personal Computer 1 - Deskjet Printer 1 - Trac Disk 1.2 1 - Hayes Accra Modem 1 CD/Ram 1 - Dbase IV Software 1 - Harvard Graphic Software 1 - Wordperfect Upgrade 1 - Lotus 1-2-3 Software 2,317 503 40 192 359 388 298 91 321 Health 1 1 Department - Wordperfect Software Upgrade - Modem for Zenith Notebook 91 130 Commissioner of Revenue 1 - Personal Computer Processor 1 - Laserjet Printer 1 - Wordperfect Software 1 - 3270 Adapter and Software Printer Cables and Auto Switch 2,060 585 253 677 199 Management & Budqet 1 - Personal Computer Processor 2 - Lotus Smartsuite Upgrade 1 - Personal Computer Processor 1 14" Color Display 1 - Wordperfect Upgrade for Windows 2,383 650 2,035 525 253 Finance Department 7 - Personal Computer Processors W/Monitors 1 - Display Monitor 1 - Modem 6 - HP Lazerjet Printers 19,104 5O0 100 3,510 Municipal Auditing 1 - Personal Computer Processor W/Monitor 2~878 Total $179,799 MARY F. PARKF~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 14, 1994 File #17-29-46-175-467 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31881-030794 authorizing you to enter into contractuai agreements with Appalachian Power Company providing for revised general service electrical rates and revised street lighting rates, effective retroactive to July 1, 1993, and approving certain rate schedules, upon certain terms and conditions, as more particularly set forth in a report of the City Manager under date of March 7, 1994. Resolution No. 31881-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Joseph H. Vipperman, President, Appalachian Power Company, P. O. Box 2021, Roanoke, Virginia 24022-2121 R. C. Wagner, Marketing and Customer Services Manager, Appalachian Power Company, P. O. Box 2021, Roanoke, Virginia 24022-2121 Richard C. Flora, Chairman, VML/VACO APCO Steering Committee, 1001 East Broad Street, Suite LL 20, Richmond, Virginia 23219-1901 Charles W. Day, Chairperson, Roanoke City School Board, 1830 Grayson Avenue, N. W., Roanoke, Virginia 24016 E. Wayne Harris, Superintendent of Roanoke City Public Schools ~lg. Robert Herbert March 14, 1994 Page 2 pc: Richard L. Kelley, Executive for Business Affairs, Roanoke City Public Schools Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th day of March, 1994. No. 31881-030794. VIRGINIA, A RESOLUTION authorizing the City Manager to enter into the appropriate contractual agreements with Appalachian Power Company providing for revised general service electrical rates and revised street lighting rates effective retroactively to July 1, 1993, and approving certain rate schedules, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, contractual agreements with Appalachian Power Company providing for revisions in general service electric rates applicable to municipal corporations and revisions in street lighting rates applicable to lighting service sold for the lighting of public streets, highways and other public outdoor areas in municipalities and political subdivisions where such service can be supplied from the existing general distribution system, all such rates effective retroactive to July 1, 1993; such agreements shall include such other terms and conditions as are deemed appropriate by the City Manager. 2. City Council hereby approves the general service and street lighting electric rates, effective retroactive to July 1, 1993, as shown on Public Authority Tariff No. 6, issued by Appalachian Power Company on January 14, 1994, consisting of a cover and four pages, a copy of which is attached to the report of the City Manager dated March 7, 1994. ATTEST: City Clerk. Roanoke, March 7, Virginia 1994 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Approval of New Electrical Rates I. Background: Proposed revised electrical rates to be effective July 1, 1993 were received June 29, 1993 per the attached letter from Appalachian Power Company (APCO). Announced increases were to be 5% effective July 1~ 1993 and an additional 3.9% effective July 1~ 1994 for an additional two years. Additionally street lighting rates were to increase an additional 3% to 10%. Negotiations with APCO were authorized on June 28, 1993 by City Council through the Virginia Municipal League and Virginia Association of Counties. APCO billed the increased rates effective July 1, 1993, and the increased rates were paid as negotiations continued. Agreement with APCO~ proposed to be effective retroactive to July Ir 1993~ has been reached, per the attached memorandum dated January 19, 1994 from Mr. Richard Flora, subject to City Council approval, which essentially provides for the following: General usage rates will increase 5% over the June 30, 1993 rates for the period of July 1, 1993 through December 31, 1993. General usage rates will increase 1.6% over the June 30, 1993 rates for the period of January 1, 1994 through June 30, 1995. This is in effect a 3.4% reduction to the rates paid in December 1993. General usage rates will increase 0.9% July 1, 1995 through June 30, 1996, for a total increase of 2.5% over the June 30, 1993 rate schedule. Page 2 Street lighting rates will increase 6.9% over June 30, 1993 rates for the period of July 1, 1993 through December 31, 1993. Street lighting will be decreased to provide for a 1.5% increase over the June 30, 1993 rates for the period January 1, 1994 through June 30, 1996. It should be noted that the above percentages are approximate. The precise proposed rates are shown by the attached rate schedules contained in a document entitled Public Authority Tariff No. 6 issued January 14, 1994 from Joseph H. Vipperman, President of Appalachian Power Company. Generally, the general usage rates are a little higher and the street lighting rates are a little lower than the above percentages. It is anticipated this is due to Fuel Adjustment Clause impact. II. Issues: A. Neqotiation Benefit B. Fundinq III. Alternatives: Council approve the attached Public Authority Tariff No. 6 for rates and fees as an amendment to the March 15, 1991 agreement between the City of Roanoke and Appalachian Power Company for the purchase of electricity and for street lighting, which expired December 31, 1992. Negotiation benefit will be realized by lower rates than those initially proposed by APCO. Fundinq is available in the current year's budget and will be anticipated in upcoming year's budget requests. Council not approve the attached proposed rate schedule. Negotiation benefit will not be realized and APCO may resume billing at the higher rates. Page 3 Fundinq will be more speculative depending on the rates billed. IV. Recommendation: Council approve the attached rate schedule as provided by Alternative "A". Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm Attachments cc: City Attorney Director of Finance Office of Management & Budget Director of Utilities & Operations Executive for Business Affairs, Roanoke City Schools PO Box 2021 Roanoke, VA 24022-2121 703 985 2300 June 28, 1993 Mr. W. Robert Herbert, City Manager , ~ City of Roanoke % ~ 215 Church Avenue, S.W. " "'"' Roanoke, Virginia 24011 ~!~ . '' Dear Mr. Herbert: JUN .993 This letter is to advise you that Appalachian Power Company's contract for the sale of electricity to all public authority accounts will expire June 30, 1993. We have been in contact with your negotiating comittee, but an agreement will not be reached by the expiration date. The Company has proposed increased rates to reflect the higher costs of providing service These revised rates will be ~laced in effect July ir 1993, on a prorate~ basks, penoing the outcome of the negotiations. As you 'are aware, over the past six years the rates for electric service to public authority customers have been reduced three times. On July 1, 1987, rates were reduced by approximately $2 million, or 10 percent, on an annual basis. Again, on January 1, 1988 rates were reduced an additional $1 million, or $ percent annually. These two decreases combined to lower your rates by 15 percent on an annual basis for the contract period July 1, 1987 through June 30, 1990. Then, as e result of negotiations for the loon-to-end contract period beginning July 1, 1990, rates were reduced by $1.6 million or 8.5 percent on an annual basis. Given this history of rate decreases and subsequent increases in the Company's cost of providing service, the Company's rates must now increase by a relatively ~o~est a~unt. The proposed rates will provide for a~nincrease in two phm~see. The first phase will involve an increase of $ percent, effective for the period of~u~v 1, 1993 through June 30, 1994. The second phase will provide for an aBditional increese in the ~unt of ~, effective for the two-year perio~ of Jul~ 1, 1994 through June 30, 1996. Monthly rates for Street ~l~.~ll~.*~e will be increased from 3 ~ercent to 10 percent depending upon l~mp size and facilities. The ~pany continues to strive to provide safe and reliable electric le~vice to its cuetmrs et the lowest reasonable cost. We value you as a P~lic Authority custer and look forward to working with your negotieting c~it~ee to finalize the contract and rates to be effec- tive for the contract period of July 1, 1993 through June 30, 1996. Sincerely, R. C. Wagner Marketing & Customer ds Region 5 Region 9 VIRGINIA ASSOCIATION OF COUNTIES 1001 East Broad Street · Suite LL 20 · Richmond, Virginia 23219-1901 · (804) 788-6652 · fax (804) 788-0083 MoEoMoOoPPAoNoDoUoM TO: FROM: SUBJECT.: DATE: County Administrators and City/Town Managers in APCO Service Authority Richard C. Flora, County Administrator of Craig County Chairman of VMIJVACo APCO Steering Committee VML/VACo APCO Negotiations - Assessments June 3, 1993 As you were recently notified, Appalachian Power Company (APCO) has submitted a proposal for electric service to local governments for the three year period beginning July 1, 1993. APCO proposed a 5.0% increase in general rates effective July 1, 1993 which raises additional revenue of $950,000. Beginning July 1, 1994 rates would increase an additional 3.9% for additional revenue of $782,000. APCO proposes a 3% to 10% increase for street light rates. An organizational meeting of the VML/VACo APCO Steering Committee was held June I, 1993 in Roanoke. The minutes of this meeting are enclosed. The Steering Committee ~oted to pursue negotiations with APCO and to seek funds from each locality to cover the expenses )f a utility consultant, legal fees and other expenses associated with negotiations. Each local government is asked to contribute its proportionate share of $140,000 based on the proportionate flectricity usage for its locality (exclusive of street lights). Funds not used during this negotiation ~ill be retained in an interest bearing account for future negotiations. Enclosed is an invoice :erecting your locality's share of negotiating expenses. In the past, as a result of the Steering Committee's efforts, each local government has always received a savings in its electricity costs substantially greater than its share of negotiating .~xpenses. For example, during the last negotiations in 1990, APCO initially proposed a 2.6% :eduction in rates ($500,000) during the first year and a second additional reduction of 2.1% $400,000) effective the second year, thus an overall reduction of $2.3 million during the three 'ears. The Steering Committee negotiated an 8.5% reduction the first year ($1.6 million) with the ates remaining the same in the second and third contract years; an overall reduction of $4.8 million For the three years. Thus local governments saved $2.5 million as a result of the negotiation ?rocess. (A 17:1 return on investment.) It is anticipated that local governments will again ~xperience a high return from their investment in the negotiation expenses. Local governments benefit greatly from speaking with "one voice" during negotiations with APCO. It is to our collective benefit to continue negotiations in this manner. We hope your locality will choose to pay its proportionate share of the expenses and not just reap the benefit of [he work of other local governments. The consultant, Steven Ruback of The Columbia Group, Inc. has begun obtaining aformation from APCO with which to make a detailed analysis. A Steering Committee meeting ~ill be scheduled after his analysis is complete in approximately six to eight weeks. Local ,,overnments are encouraged to actively participate in the Steering Committee meetings and :ommunicate any concerns or questions which should be discussed with APCO. If you have any questions regarding the assessment or negotiations, please do not hesitate o call Flip Hicks at (804) 788-6652, Howard Dobbins or Sarah Finley at (804) 643-1991 or me ~t (703) 864-5010. :.nclosures EXHIBIT B PUBLIC AUTHORITY TARIFF NO. 6 App~J~A~HIi~N POW~.h-. COMPA.~Y RATE SCHEDULE TERMS AND CONDITIONS OF SERVICE GO~u~ING SALE OF ELECTRICITY TO PUBLIC AUTHORITIES JOSEPH H. VIPPEI~IAN, PRESIDENT ISSUED: January 14, 1994 EFFECTIVE: July 1, 1993 APPALACHIAN POWER COMPANY EXHIBIT P~gel of 2 PUBUC AUTHORITY TARIFF NO. 6 SCHEDULE PJ~. AVAILABIUTY OF SERVICE Avetleb}e for general nervtce to municipal corporettone end state govarmmfltal enttttno, exclndtng Pub]tc Houstng Authorities and the Cm,.onm~lth of Virginia, es those ten~ are u~¢l tn ~i56-Z3Z end E34 of the ~ of Vtrgtnia end-tn pertinent de¢tstma of the Supra.~ ~rt of Virginia. MONTHLY RATE (Tertff Codes 804, 805, 806) 711/93-1E/3119~ CUSTOHER I~r SC~LS (8~) ALL 0T~R (805) ~ATER P~PI~. S~AGE P~PIN6. ~0 S~A6E DISPOSAL SERVICE (806) ~ cofll~ 4.523t,~rL ~r Effective 1/1/94-6/30/95 7/1/9S-6/30/96 S0.15 ,~ r $9.25 5.3Z6¢/'15' 5.3864 4.072¢ ~- 5.0zea 4.365s ,' 4.414a MEASUREMENT OF ENERGY Energy supptted hereunder will he delivered through not more than one single phase end/or one ~l~hes. FUEL ADJUSTMENT CLAUSE 8tlls cm~uted according to the rates set forth herein etll bo increased or decreased by a FueJ Ad~uemont Factor per ~ calculated tn campltanc8 with the Fuel A~usment Cleuno attached hereto. PAYMENT Bills are due upon presentation and payable at the stain or branch offtcee of the Cempany. On all accounts not so paid, a charge of 1-1/~ per mmth ~t11 bo e~lied to any account balances not received by the Company by the next bi1] date. If tbo ~u~eny f&tls to mi1 bills premtly after the billing detl, the dui detI will be extinded accordiflgly. Tbo Cuetlr my d~ig~tI ltl billlng iddreII. SPECIAL TERMS This schedule t~ subject to al1 term and conditions contained in the agreement for electric servtce entered into hettmon the Cempafly end each city, county and imm govermmntal authority. Issued: Januarf 14, 1994 I~sued By Joseph H. V1pp~mln, Pr~tidmt Effective: July 1, 1993 APPALACHIAN POWER COMPANY EXHIBIT B P~ge 2 of 2 PUBUC AUTHORITY TARIFF NO. 6 SCHEDULE P.A. FUEL ADJUSTMENT CLAUSE ~lhe. the actlemted untt cost of fuel (Fm/Sm) used to meet Apbelechton Poner ~ny's ~t Energy R~ui~nt less losses (~) ts a~ve or ~lw tM ~le ~tt cost of IZ.B~ .ills ~r ktt~4tt~ur (Fb/Sb), 4n a~ltt~l c~ or c~lt ~1 to t~ prat of t~ mct~l kll~tt~ro ~ ~ m f~l clause ndJue~nt factor (Al s~ll ~ m~, ~ (Al, calculat~ to t~ n~et 0.~1 mill ~r kll~tt~ur, is as Mfi~ ~1~: AdJueme~t Factor (Al - F.~ - Fb Se Sb Any difference between the esttmeted cast ef fuel used to mt Al)palachton Poser ~any's Net Energy Requirement and the &clue1 cost of such fuel will be reflected tn the uelculatton of the Fuel Adjustment Factor in the second succeeding mma~th. In the above formula (Fl is the expense of fosstl and nuclacr fuel in the bale (be and current (me periods; and (se is the kq~ sales in the base and current periods, all as defined bel~: Fuel Costa (Fl sball be the cost of: (e) foactl end nuclear fuel consmmed in Aabelechlon Poner CMqaany'a plante, end ~o~alachtan Power Ca~qaany's share of fossil and nuclecr fuel consumed in Jointly mmed or lecled plants; (be the actual tdenttft&ble fossil end nuclacr fual coots satiated with energy bercbasod for reasons other then idacttfted in (ce helM; (c) the net energy coat of energy purchesac, exclusive of capacity or a-=nd charges (trresbecttve of the destgnmtton asstgued to s~h transits) ~ s~h ~ I1 ~ ~ ~ ~o~tc dis~tch ~mis (IKI~ tM~in sMll ~ sKh ~sts ua t~ CMOS for K~ ~y ~ses and t~ cM~ac as m ~sult of K~l~ ~ta~, all ~h kt~ of w~y ~tng ~KMm~ by ~Mlachian P~r ~ny to substitute for its ~ ht~r c~t ~), ~ lacs; (d) the cost of fossil end n~clacr fuel recovered through inter-system lelac tonluding the fuel casts related to econmy energy ualac end other energy sold on on econamtc dispatch basis. Salac (se sball he equated to the sam of (al generation, (be beroham, lc) toterohenpa-ln, less (d) energy associated with p~mlled storage Mr&lions, lacs (ce Inter-system isles referred to in (de above, less (fl total system loacac. Selac (se shell be modified to reflect Ioleac of 10.51% associated with Apbelachton Power Company's deliveries to customers served under this schedule. The edJue~t factor develobed eccondtng to the pre.tithE paragraptm may ba further eodlfted to all~ the recovery of groac racetpts or other sheller rtwemm baaed tax charges occaatonnd by the fuel adjustment The cost of roost1 fuel shall tnclndl no item other thin thole listed in Accmmt 151 of the C~mmisston's Untfom System of Ac'counts for Public Utiltttac end Lloon~ams. The cost of m~$acr fuel shill be that as shem in Account 519, I~-I~t that if Account 516 also contetol' any exbe~le for foactT fuel ~tch hes alracdy been tncluded Iff the cost of fossil fuel, it shell be deducted fr~m this account. All references to the C~mnisston's Unifome System of Acco~qts for Public Uttlttion and Lluanleac shall he to such Uniform System of Accounts for Public Utllttiac and LIconsmes &s 1! in effect le of Oemlmd)lr 1, 1975. I~ued: Januan/14, 1994 Jose;h H. V1ppMmafl, Preddent EffeGdve: July 1, 1993 V]rglnM - Street Ughtlng Rate~ AVAILABIUTY OF SERVICE Available for lighting service sold for the 11ghttng of public streets, public htghways and other publlc outdoor areas tn municipalities and political subdivisions where such servtce can be eupplled from the existing generel distribution system. MONTHLY RATE Fr~m 97/01/93 to 12/31/93 Coot of Facilities 5/lamo [ncluddd tn Rates From 01/01/94 to 06/30/96 Coat of Facilities 311em~ Included tn Rates A. Overhead Servtce on Extsttna Secondary 01strtbuttnc Facilities 3,500 Loman .... 4.05 4.10 The 3,500 leman lomtnatre ts no longer available for rmplacamnt or for additional Installations. 7,000 L~ .... 5.72 292.00 5.53 262.00 11,000 Lumen* .... 5.62 334.00 6,39 323.00 21,000 L~en .... 8.14 364.00 7.87 372.00 58,000 Lu~n .... 14.25 595.00 13.80 4~0.00 3. ~tqh pressure Sodtem 5,800 Lmmn .... 5.18 289,00 4.87 272.00 0,500 Luemn .... 5.67 310.00 5.33 291.00 16,000 Lumen .... 6.05 310.00 5.68 250.00 22,000 Lumen .... 7.34 383.00 6.90 360.00 50,000 Lomlm .... 9.72 458.00 9.14 431.00 B. Se~vt~ qn Soectal ~.n¥O1~'ned Standard ~tal. Concrete. or Oreem~tal P91es. or good Poles Served free Underereund Distribution 7,000 L~men .... 12.21 598.00 12.03 688.00 11,000 t.u~.n* .... 13.96 783.00 13.75 772.00 21,000 Lom~ .... 15.71 846.00 15.48 634.00 58,000 Lumom .... 22.35 1069.00 22.03 990.00 2. Mercury Veoor Post Too 7,000 Lmmn .... 6.30 395.00 5.89 364.00 5,600 Lomen .... 11.71 708.00 11.32 685.00 9,500 L~m~n .... 12.18 726.00 11.77 702.00 16,000 L~mem .... 13.65 790.00 13.20 750.00 22,000 Lumn .... 14.70 649.00 14.21 821.00 50,000 L~ .... 17.96 973.00 17,36 941.00 4. Htqh pressure Sodit~ Post Too 9,500 Lumen .... 6.16 394.00 5,68 363.00 Issued: January 14, 1994 Issued By Joseph H. Vipperm~n, PreMdent Roanoke, V~rglnfa Effective: July 1, 1993 APPALACHIAN POWER COMPANY Page 2 of 2 Wglnla. Street Uohtbg Rat# SPECZAL TERNS AND CONDITIONS The above rates under Seettons A and O ars based on the Cc.pony's making an investment tn ne~ standard factlittex in the ~mount ee sho~ adjacent to the rate. When the investment in nw standard facilities, Including costs for service frco underground, exceeds the predeacrtbed amount, the difference wtll be paid to the Company by the Cunt,mr aa a Contribution in Aid of Construction. Decorative and other non-standard fixtures and/or poles sro not tnoluded Iff the standard street 1tabling rats but my be Installed at the Coml~ny's optlno. For n~ tnotallattoaa of more than 50 deeorsttva or nonstandard fixtures and rslated feellttlas by s stngla customer, th, Cmapan¥ will teats11 and saint,tn the nonstandard facilities subject to the monthly charges far a standard street light of edulvalent watt&ge In Sections A and B above and subject to the Comp&ny'l recovering the dtffare,ce batwalll the Installed colt of the nonstandard facilities and the Cost of Facilities tnoluded In the rates tn $lcttonl A and R above. The cuntcoer agrnol to mat,tala a stock of replace,ual pole", flxtursa and la,ps ~htch the C=,~ny wtll acquire. &s needed to sccompi:sh replecw~ents. Charges and provisions of ser~tca for rmv tnltallattons of 1eel tban 50 nonstandard fixtures and/or poles w111 bi subject to tndlvtdcol negotiations. Customers by requelt that extsttng 14ersury Vapor lights bi removed end ~placed by High Prsseers Sodtgn Vapor lights. Veers such a request ts medl. the Company sad the cultomr wtll ldenttfy an orderly and mutually acceptable schedule for eeco,pllshtng the requested co,var,lea. V~re 3.500 1~nen Hercury Vapor street lights are to be repleeed with $odtmn Vapor street 11ghts. such changes wtll bi made. pursuant to an agreed schedule. at no charge to the ccotog~mr. For conversion af all other I#rcury Vapor street lights, tho cunt~er sgrewa to pay to the Compony. prtor to such ce,var, ton. an ~enunt eduil to the remove1 colt of $45 per street light plul the rm~tnlng unused 11fa of the Nlrcury Vapor factllttec being rmovld. In thole tnltanoee ~here the Hlrcury Vapor feetllttee batng ri,red have ~ 1natal)ed for ZO ye, re or 1eager. there wtl] bi no charge for the r~mtnlng unused life of the factlttlee batn~ fleered. Exlsttng street lighting feetlltlen served on special Company amid mtn1. ce,crete, or orn~mmtal pole". and i~od poles served from underground dtstrtbuttun will ba billed under the tirol contetnnd tn Sucttun B. SerYtca to Custer o~ feetlltlen, such al brtdge 11ghtlngo sic.. w111 be btlled under the rats, cant,teed tn Sectton A, ~tth the sffentlve data of this rata schedule, the 250 watt ll,OOO lumen mercury vapor lamp will no longer be available for nb installations or for rap~tr or replacem~t of extatlng unite. Ism]od: January 14, 1994 issued By Joseph H, ~ppennan, Pre.icl"at Roanoke, VTrginll Effective: July 1, 1993 o~moke~ ~ ~d-News 'OPINION Bury all utility lines I DON'T think anyone will soon for- get the icy conditions we have been faced 'with during this winter. One reminder is higher rates that Appalachian Power Co. has been reaping from us since May 1993. Though entitled only to a 1.2 percent increase, it's asked for, and been granted, a 5.5 percent increase in rates to improve its financial position. Apco President Joseph Vipperman blames part of the need for these higher rates on abnormal weather we experienced this past winter, and th/s winter, too. Nam- rally, part of Apco's yearly budget includes allocation of funds for repairs to storm- damaged lines. The State Coqaorafion Corem/salon should consider demanding that all utii/ty lines be placed underground. There'll always be abnormal weather that damages lines, be it hun/canes, tornadoes, ice or heavy snow. Since these cimumstances happen with enough regularity to force Apco to allocate funds for them every year, wouldn't the natural progression be to .find a way to eliminate most of this recurnng expense? The initial higher cost of placing cables underground would be off. set over the years by t~duction in repa/r costs caused by weather. The seconda~ benefit of this plan would be the immediate hlcreased aesthetic appeal in all areas now encumbered by a multitude of overhead lines. I recommend that the State Coll~ora- tion Commission allow' Apco's slightly higher rates iftbese funds would go solely toward placing all of its u'ansmission lines underground. DOUG ZIRK~ ROANOK~ LE'rI'ERS , :.THURSDAY, MARCH 3, 1994 MARY F. pA~Kl~JI City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 14, 1994 File #20-27-77=468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31883-030794 approving execution of an agreement between the City and the Virginia Department of Transportation to provide for installation of a 36-inch waterline, in the amount of $526,549.82, in connection with the Department of Transportation's U.S. Route 11 highway improvement project, which waterline betterment is required by Phase II of the City's Carvins Cove Filter Plant Improvements, upon certain terms and conditions, as more specifically set forth in a report of the City Manager under date of March 7, 1994. Ordinance No. 31883-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: M. Scott Hollis, Urban Engineer, Virginia Department of Transportation, 1401 East Broad Street, Richmond, Virginia 23219 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations M. Craig Sluss, Manager, Water Department Steven L. Walker, Manager, Water Pollution Control Plant William F. Clark, Director, Public Works Charles M. Huffine, City Engineer · W. Robert Herbert March 14, 1994 Page 2 pc: John A. Peters, Project Manager Sarah E. Fitton, Construction Cost Technician William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1994. No. 31883-030794. AN ORDINANCE approving execution of an agreement between the City and the Virginia Department of Transportation (VDOT) to provide for the installation of a 36-inch waterline in connection with VDOT's U.S. Route 11 highway improvement project, which waterline betterment is required by Phase II of the City's Carvins Cove Filter Plant Improvements; and providing for an emergency. are hereby authorized to execute and behalf of the City, in form approved agreement between the City and the Transportation (VDOT) providing for the BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and City Clerk attest, respectively, on by the City Attorney, an Virginia Department of installation of a 36-inch waterline as part of VDOT's U.S. Route 11 highway improvement project, which waterline betterment is required by Phase II of the City's Carvins Cove Filter Plant Improvements, and providing for payment by the City in the amount of $526,549.82 to VDOT for such waterline installation, specifically set forth Council dated March 7, upon certain terms and conditions, as more in the report of the City Manager to this 1994. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PAI~K~R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk March 14, 1994 File #20-27-60-77-468 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31882-030794 amending and reordaining certain sections of the 1993-94 Water Fund Appropriations, providing for the transfer of $526,550.00 from Retained Earnings - Unrestricted, to Capital Outlay - Carvins Cove Phase II, VDOT Waterline Betterment, in connection with installation of a 36-inch waterline for the Virginia Department of Trensportationts U. S. Route 11 highway improvement project, which waterline betterment is required by Phase II of the City's Carvins Cove Filter Plant Improvements. Ordinance No. 31882-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc; W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations M. Craig Sluss, Manager, Water Department Steven L. Walker, Manager, Water Pollution Control Plant William F. Clark, Director, Public Works Charles M. Huffine, City Engineer John A. Peters, Project Manager Sarah E. Fitton, Construction Cost Technician William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th day of March, 1994. No. 31882-030794. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1993-94 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that certain sections of the 1993-94 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~ions Capital Outlay Carvins Cove Phase II, VDOT Waterline Betterment (1) .................... $ 30,557,229 526,550 Retained Earninas Retained Earnings - Unrestricted (2) ................ (1) Appropriated from General Revenue 2) Retained Earnings Unrestricted (002-056-8380-9003) $ 526,550 (002-3336) (526,550) 18,951,835 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. -3 l Roanoke, March 7, Virginia 1994 Honorable Mayor and Members of City Council City of Roanoke, Virginia Dear Members of City Council: SUBJECT: CARVINS COVE WATERLINE PROJECT Waterline Betterment, VDOT Project Wllliamson Road Project Background: A. Carvins Cove Filter Plant Improvement includes expansion of the Filter Plant at Carvins Cove (Phase I) and the installation of over 70,000 linear feet of waterline from Carvins Cove to the Crystal Springs Pump Station (Phase II). B. William~on Road Pro~ect betterment includes the installation of water lines from Carpet World near Plantation Road to the Hollins College property. This portion of the waterline project was included in the VDOT Project (widening Route 11 from Plantation Road to Hollins College) to alleviate a serious coordination problem between the proposed storm drain, sanitary sewer and waterline. Due to the number and locations of conflicting utilities in this area, it was anticipated that the unit price cost for this portion of the waterline project would be extremely expensive. C. Previous contracts awarded for Carvins Cove Waterline are as follows: Contract B-i, Awarded on September 13, 1993 to H. Hamner Gay, Total Contract Amount with contingency: $3f216~417.00. 2. Contract B-2, Awarded on June 28, 1993 to Aaron J. Conner, Total Contract Amount with contingency: $2f721~053.94. 3. Contract C-l, Awarded on June 28, 1993 to E. C. Pace, Total Contract Amount with contingency: $1~634~574.48. 4. Contract C-2, Awarded on June 28, 1993 to H. Hamner Gay, Total Contract Amount with contingency: $2~567f988.50. Members of City Council Carvins Cove Waterline Project VDOT Waterline Betterment Page 2 II. Current Situation: A. Bids were received by VDOT, as part of the U.S. Rt. 11 road improvement project, with the low bidder pricing the "waterline betterment" at $5261549.82. III. Issues: A. Cost B. Fundinq IV. Alternatives: A. Authorize the City Manaqer to execute an aqreement with VDOT in a form approved by the City Attorney in the amount of $5261549.82 to install a 36 inch waterline with appurtenances as shown in the project plans. 1. Cost was competitively bid. 2. Fundinq is available in Water Fund Retained Earnings. B. Do not authorize the City Manager to execute an agreement with VDOT . 1. Cost would be based on a future bid, and would require working in more difficult conditions after the VDOT project is complete. 2. Funds would remain available in Water Fund Retained Earnings. V. Recommendation: Alternative A Authorize the City Manager to execute an agreement with VDOT to construct waterline betterments for Phase II Improvements to the Carvins Cove Filter Plant in the amount of $526,549.82. Be Appropriate $526~550.00 from Water Fund Retained Earnings to a new account to be established entitled Carvins Cove, Phase II, VDOT Waterline Betterment. Members of City Council Bid Committee Report Carvins Cove Waterline Project VDOT Waterline Betterment Page 3 Respectfully submitted, W. Robert Herbert City Manager WRH/JAP/fm cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Manager, Management & Budget Manager, Water Department Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts & Fixed Assets MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vh'giMa 2~1011 Telephone: (703) 981-2.541 Deputy City Clerk March 14, 1994 File #76-133-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31887-030794 authorizing the proper City officials to enter into a lease between the City of Roanoke and Crystal Tower Building Coz~ooration, for use by the multi-jurisdictional drug prosecutor on a month-to-month basis, commencing January 1, 1994, to be terminable by either party upon a two-month prior written notice, at a monthly rental rate of $640.00, as more particularly set forth in a report of the Water Resources Committee under date of February 28, 1994. Ordinance No. 31887-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. Sincerely, ~._~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. pc: Marigay H. Piersall, Director of Properties, Crystal Tower Building Corporation, 145 W. Campbell Avenue, S. W., Roanoke, Virginia 24011 Alice L. Ekirch, Regional Drug Prosecutor, 145 W. Campbell Avenue, Suite 318, Roanoke, Virginia 24011 The Honorable Donald S. Caldwei1, Commonwealth's Attorney Wilburn C. Dibling, Jr., City Attorney James D. Orisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1994. No. 31887-030794. AN ORDINANCE authorizing the proper City officials to enter into a lease between the City of Roanoke and Crystal Tower Building Corporation for use by the multi-jurisdictional drug prosecutor, upon certain terms and conditions, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, for and on behalf of the City, in form approved by the City Attorney, with Crystal Tower Building Corporation or its successor in title, a lease of Suites 316, 317 and 318 on the third floor of the Crystal Tower Building, 145 W. Campbell Avenue, for use by the multi-jurisdictional drug prosecutor, on a month-to-month basis, commencing January 1, 1994, to be terminable by either party upon a two-month prior written notice, at a monthly rental of $640.00, as more particularly set forth in the report of the Water Resources Committee dated February 28, 1994. Such lease shall contain such other terms and conditions as are approved and required by the City Manager. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roan ke March 7, Virginia 1994 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Lease Agreement - Regional Drug Prosecutor's Office The attached report was considered by the Water Resources Committee at its regular meeting on February 28, 1994. The Committee recommends that Council authorize a new month-to-month lease between the City and Crystal Tower Building Corporation for office space for the Regional Drug Prosecutor, in accordance with conditions stated in the attached report. Respectfully submitted, Eliz~(beth T. Bowles, Chairperson Water Resources Committee ETB:KBK:afm Attachments cc: City Manager City Attorney Director of Finance Director of Utilities & Operations Commonwealth's Attorney Regional Drug Prosecutor Marigay H. Piersall, Director of Properties, Crystal Tower CITY OF ROANOKE Interdepartmental Communication DATE: February 28, 1994 TO: ~rs, ~Resources Committee FROM: /l~lt B.~K~ er, Dir~.~, Utilities and Operations thru W. Robert Herber~nager SUBJECT: Lease Agreement - Regional Drug Prosecutor's Office Backqround: A. Current lease agreement between the City and Crystal Towers Building Corporation expired December 31, 1993. II. Current Situation: Need for additional space, effective July 1, 1993, has caused the office to move to new larger quarters in the Crystal Tower Building. Lease addendum to cover cost of move to new space from July 1, 1993, through December 31, 1993, was authorized by Council by Ordinance No. 31694-091393. C. Additional cost of lease to be absorbed by a grant to Commonwealth Attorney's Office. III. Issues: A. Need B. Timinq C. Cost to City IV. Alternatives: A. Committee recommend to City Council that it authorize a new lease between the City and Crystal Tower Building Corporation on a month-to-month basis, lease to be cancelled by either party with two (2) months prior notice beginning January 1, 1994, with lease fee to be Page 2 $7t680.00 per annum in monthly installments of $640.00. Lease to be prepared by the Commonwealth Attorney's Office and the landlord in a form approved by the City Attorney. 1. Need by Regional Drug Prosecutor for office space is met. Timinq to confirm existing situation as quickly as possible is met. Cost to City Commonwealth Council. to be absorbed by a grant from the Attorney's Services and Training Committee not recommend to City Council that it authorize an extension of the lease for office space in the Crystal Tower Building for the Regional Drug Prosecutor's Office. 1. Need for office space is not met. 2. Timinq to confirm existing situation as soon as possible is not met. 3. Cost to City is not an issue. Recommendation: Committee recommend to City Council that it authorize a new month-to-month lease between the City and Crystal Tower Building Corporation for office space for the Regional Drug Prosecutor in accordance with Alternative "A". KBK/WRH/RVH/kh Attachment cc: City Attorney Director of Finance Commonwealth's Attorney Regional Drug Prosecutor Marigay H. Plersall, Director of Properties, Crystal Tower MMoNWEALTI+ OF O~ce ~1~ O~ ROANOKE REGIONAL DRU~ ~OSECUTOR 145 w ~M~EL1 AVE.. SUITE ~ 318 January 3, 1994 Mr. W. Robert Herbert, City Manager City of Roanoke MuniciDal Building, Room 364 215 Church Avenue, SW Roanoke, Vfrginia 24011 Re: Lease Agreement/Regional Drug Prosecutor's Office Dear Mr. Herbert: The current Le~se Agreement between ~he City of Roanoke and Cr~stal TowereAs~oc~atw£or the ~1 ~os~tor's~f~ce ~r~ D~e~= 31, 1993. I h,ve f~mrd~ ~e new Lease, which ~ 2he ~ fr~ Jmnu~ 1, 1~4, on a ~n2h-to-month ~s~s, ~o ~l ~F A~eF's office for re~ and a~r~al. As ~ ~, ~~~-~ thim o~f~ ~e~11 be ~rbed by ~in~ ~nds 111~-~der Che ~-~g ~se Act of 1986. I~~,~ ~ ~, ~ r~fnlly ask that ~ou re~el~ au~i~~-mau~e ~e ~n~-~ Lease for the ~'~~~:~f~in t~CA~al To, rs Building. S~l~ ~~esti~l, please ~11 Alice L. Ekirch Sp~ciel- All, italY. Commonwealth' s AttorneF cc: Kathleen M. Kronau, ~q. LEASE AGRE~ THIS LBASE~ made as of this 22nd day of December I993. by and between CRYSTAL TOWER BUILDING CORPORATION, hereinafter called "Landlord", and City of Roanoke · hereinafter called 'Tenant' through N/A , Agents. WITNESSETH: 1. Definitions. I%~e following terms and expressions shall have the respective definitions set forth in this Section 1 unless a contrary meaning is elsewhere in this Lease: (a) Building: Crys:al Tower BuildinK 145 W. Campbell Ave.~ RoanokeI VA 24011 (b) Premises: Office space designated Suite No. 316, 317,,318 on the 3rd floor, in the Building. further defined in Section 2 hereof. (c) Term: The period shall begin on January 1, 1994 or on the date ss of which Tenant con,nonces business in the Premises whichever occurs later plus the part of a month, if any. from the date of co~*flencement to the first full calendar month in the term: and shall %ermlnate on month-to-month * (d) Annual Base Rent: $ N/A , payable in monthly installments of S 640.00 each. (e) The Prom:sos constitute N/A · of all rentable area in the Building. 786 sq. ft. 2. Premlsp~, Landlord leases to Tenant and Tenant hires from Landlord that certain office space designated by the Suite D~mher set forth in Section I hereof, {hereinafter called "Premises") in the building identified in Bection i (hereinafter- called "Building") together with all appurtenances from time to time thereto belonging, including, but not limited to, the privilege in coarsen with others to use the lobbies, stairways. and other public and service portions ("Co,on Areas") of the Building for the respect/va purposes for which they are designated by the Landlord from time to time. 3. Term. The term of this Lease shall be for the period of time defined in Section 1 as "Term". but this Lease may terminate sooner under certain circumstances, as hereinafter provided. 2~ne Term shall be deemed to con. hence at 12:01 a.m. on the first day thereof and to expire at 11:59 p.m. on the last day thereof. 4. Possession. Landlord shall deliver possession of the Premises to Tenant at the commencement of the Term. 5. Use. Tenant shall use Premises only for office purposes and shall permit no operation or activity that causes an additional premium to be payable for insurance on Premises or the Building agalnst fire of other hazard, or which might render void or voidable any such insurance. Tenant covenants that. at its own expense, it shell comply with all laws. ordinances, and regulations, now or hereafter enacted by the Federal, State~ County or City governments, or other duly constituted public authority having /urisdiction over the Premises. Tenant agrees that is shall comply, and cause its employees and agents to comply, with such rules and regulations as Landlord may prescribe from time to time for the safety, care, and cleanliness of the Building and the safety, comfort, quiet and convenience of OCCUpants of the Building. 1 *Tenan= agrees co give Landlord two mon=hs' notice prior =o vaca=ing premises. as Base Rent for the Premises, the sum of money defined in Section 1 hereof as "Annual Rent", payable in sgua! monthly installments in advance on ths first day of each month during the term hereof, at such place es Landlord shall designated. Tenant and Landlord agree that a 54 late charge will be charged for any rents paid after the fifth (§th) day of each month. 7. Adjustment to Annual Base Ren~. Landlord and Tenant recognize that real estate tax and direct expenses of the Building will vary from ) to year res that the Annual Base Rent shall be adjustec computed paid as herein set forth, to reflect incres !s or decreases real estate therein. Tenant shall pay as .tional rent a pro :ionate share of the increase end if ther a decrease the: n, Tsnant's additional rent shall be by the pro share of the decrease, all to the hereinafter ;ecificslly provided. 7.2 Follow: the calendar year during wh: the Term comences (herein ~erred to as "Base Year"), Annual Base Rent shall be or decreased, as the may be, by a proportionate part increase or decree in direct expenses paid or incurred by during the Bas Year on account of its ownership, operatiol maintenance or of the Building above or below :h direct expel or incurred by Landlord for the year the Bas Tenant's proportionate part of any :h increas decrease shall be the percentage set forth in A nual Base Ren. Tenant shall pay to Landlord annually on any date other than the increase or decrease Year in which termination following the end of to tbs nua~ber of days of any necessary adjustment upon demand on the ithstandi the prior termination of 7.3 If this Lease shall the last day of the calendar in Annual Base Rent for the Cal, occurs, as finally determined that year. shall be prorated the Term during that between the partiss shall due and party entitled thereto, this Lease. 7.4 The term "di expenses" as herein shall include costs and expense to of the 3n, ownership. management and mair of the Building shall include the following items: property taxes, stand sewer charges, insurance pre~ai~ fees of legsl counsel, hea~ light, power, janitorial ssrvt air conditioning. ~ ?.§ The~n~ determination and statement o~ said direct expense~ sha~ be made and prepared ~ Landlord. ~copy of said · ~a~ement s~ll be made avaXlable ~o Tenan~ upon demand. ~ fi~al statement~ ~aid accounting shall be final an~ind~ upon Landlord~nd~enan~, and pa~ent shall be due within t~rty (30) days or/eceipt of bill. A 5~ late cha~ge will be assayed on /7.6 .~ot~ithstanding any contra~ prov~s~ns of this ~ Se~t~9, the A~nual Base Rent payable ~ Tenant--s ad3usted~ ~i~g to_this Section 7, shall in no event be less than t~e ~nual Base Rent specified in Section i hereof. 8. N iv ov 8.1 Tenant shall not commit or permit any act which results in any wasting of the Premises other than that attributed to ordinary wear and tear. 8.2 Tenant shall not, without the prior written consent of Landlord, mortgage, pledge or encumber its interest in this Lease. This covenant is expressly made binding upon the legal representative, heirs, successors and assigns of Tenant. 8.3 Tenant shall not vacate or abandon the Premises during the Term of t~is Lease. except temporarily for necessary repairs. 8.4 Tenant shal! not permit any equipment of the Premmses. the use of which would place an unreasonable demand on the Building's electrical, water, heating or air conditioning systems. 9. Improvements: Cars and Repair. 9.1 Tenant shall make no improvements, alterations or additions to or deletions from the Premises or the improvements therein placed by Landlord without Landlord's prior written consent. Landlord's consent when given shall nevertheless be no consent by Landlord to subject its interest in the Premises, Building or the land of which they ere a part to any mechanic's liens that may be filed following any alterations, additions, changes or improvements made by or on behalf of Tenant. 9.2 In the event any lien shall st any time be filed against the Premises by reason of work, labor or services performed or materie!s furnished to Tenant or to anyone holding the Premises through or under the Tenant. Tenant shall forthwith cause the same to be discharged of record or bonded to satisfaction of Landlord. If Tenant shall fail to cause such lien to be so discharged or bonded within five days after being notified of the filing thereof, then Landlord, in addition to any other right or remedy, shall have the right to cause the lien to be discharged or to declare ell rentals for the balance of the Term in~nediatsly due and payable and shall have the right also to order and cause any further work and the supply of materials in and about the Premises to be stopped. Landlord's costs and expenses in connection with the enforcement of any rights and remedies shall be due and payable by Tenant to Landlord as additional rent. 9.3 All improvements made to the Premises which ere so installed or attached that they cannot be removed without damage to the remainder of the Premises shall become the property of Landlord upon installation. 9.4 Tenant shall maintain Premises in the same good condition as they shall be at the commencement of this Lease, ordinary wear and tear excepted. Tenant, at its sole expense, and not as the agent of Landlord, shall make repairs to the Premises and the fixtures thereof, necessitated by the negligence or misuse of Tenant, its employees, agents, and guests. All damage or injury to the Premises and to /ts fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant's moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, and for which Landlord has not been or will not be reimbursed by insurance, shall be repaired, restored or replaced promptly by Tenant st its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restorations or replacements, then the same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant upon Landlord's demand. 9.5 Landlord shall make all repairs and structural replacements necessary or desirable in the discretion of Landlord to keep the Building in good order and repair, but Landlord shall 3 have no obligation to repair Tenant's trade fixtures, property or installations or to make repairs that Tenant is obligated to make pursuant to the provisions of the Lease. At its sole cost and expense no later than the last day of the Term, Tenant shall remove all of its personal property and peacefully surrender the Premises in as good condition as they were at the beginning of the Term, ordinary wear and tear excepted. 9.6 All property remaining in the Premises after the expiration of the Term of this Lease shall be deemed abandoned and may be removed by Landlord, and Tenant shall reimburse Landlord for the cost of such removal. Landlord shall have the right, but no obligation, to store any such property at Tenant's risk and expense. Services 10.1 Landlord shall furnish adequate heat end air- conditioning, subject to regulation by governmental authority, as needed on business days. For purposes of this Section 10, "Business Days" are defined as Monday through Friday, inclusive. from 8 a.m. to 6 p.m., and Saturday from 8:30 a.m. to 12:30 p.m., except legal holidays recognized by the Merchant's Association of the City of Roanoke, Virginia. 10.2 Landlord shall furnish hot and cold water for lavatory, drinking and office cleaning purposes. I0.3 Landlord shall furnish light Janitorial and cleaning services as provided in comparable office buildings in the area. 10.4 Landlord shall provide adequate electricity for lighting and for the operation of Tenant's business equipment during business hours. 10.5 Landlord shall provide 2* parking space(s) for the use of the Tenant and his employees. 1i. d ' --]/ . Landlord shall not be responsible for any defect or change in the condition of premises, or of the Building, or for any resulting damage to person or property occurring in the Building or Premises. Landlord shall not be liable for loss to any property of Tenant as a result of theft or misplacement not attributable to the Landlord's negligence. Landlord shall not be liable for any death, injury, loss or damage to persons or property occurring in the Premises or in or near the Building not attributable to the negligence of the Landlord, /ts agents, employees or customers. ~ ~ Tenant agrees to indemnify Lao~!~'d against ~a~ility. cost, expense, claims, or arising fr~m.~ry to person, property, or bu~ia~-occasioned by or resulting f~enant's default he~r or the negligent or intentional.act or--ion of T~ ~s ag~ or - - emPl°~~he-Building by Tenant~~-~ep in 13. Fire. 13.1 If the Building is d~aged by fire or any other casualty at such an extent that the Premises are untenantable for a period of thirty (30) days, then the Tenan% may give notice the Landlord of an election to resinate this Lease, effective as of the date of the notice. 13.2 If the Tenant declines to resinate this Lease under 4 It Is a~reed by Tenant and Landlord that this provision (10.5) ~y be revoked upon writ=eh notice at any =i~ durin8 the Lease =e~ based upon lmpendin~ plans for ~he Second Street brid~e construction. Initials Section 13.1 hereof, Landlord shall endeavor to restore the Building and Premises with reasonable dispatch. Landlord shall have no obligation to restore fixtures, improvements and other property installed or owned by Tenant. 13.3 If the Premises are rendered untenantable by fire or other casualty not due to the negligence or Wrongdoing of Tenant, /ts agents, employees, invites or licensees, Landlord shall allow an equitable reduction in the rental due from Tenant depending on the period of time during which the Premises are untsnantable. In no other event shall the rental hereunder abate. 13.4 Landlord shall insure the Building of which the Premises are a part (and Tenant shall insure the Premises, its fixtures, and contents) against fire and other perils included in standard fire and extended coverage by policies which shall include a waiver by the insurer of all right of subrogation against either Landlord or Tenant in connection with any loss or damage thereby insured against. Neither party, not /ts agents, employees or representatives shall be liable to the other party for loss or damage caused by any risk that was or could have been covered by standard fire and extended coverage insurance. 14. Conde~ulatiQn. 14.1 If all or part of the Building or the land comprising the site on which the Building is situated shall be taken or condemned (or sold under threat of such taking) by a competent authority for any public or quasi-public uss or purpose, and if the taking of any part of the Building or land shall deprive Tenant permanently of its use of the entire Premises, then either Landlord or Tenant may, by notice to the other, terminate this Lease. 14.2 If any such taking or condemnation does not permanently deprive Tenant of its use of the entire Premises, then this Lease shall not terminate, except at the option of Landlord. 14.3 In the event of s termination pursuant to Section 14.1 hereof, this Lease shall terminate on the date when title vests pursuant to such taking or on the date when title permanently deprived of possession Of the Premises, whichever first occurs. Tenant shall have the right to establish ss against the condemning authority the value of any fixtures and improvements owned by Tenant and moving expenses and other consequential damages but Tenant shall have no right to participate in any condemnation award to Landlord. and all compensation awarded for any taking of the fee and the leasehold shall belong to and be the property of Landlord. All rental hereunder shall be apportioned as of the date of such title vesting any rent paid in advance beyond such date shall be refunded to the Tenant. 14.4 If this Lease shall continue after any such taking. Landlord shall promptly restore the remaining Premises to a tenantable condition and rent shall be equitably adjusted by Landlord ss of the date on which title to the part of the Premises taken vests in the condemning authority. 15. Default. Upon the occurrence of any of the following events, there shall be an "Event of Default": (a) The commencement of any debtor relief proceeding whereby the rental hereunder is to be reduced or deferred. (b) Tenant's adjudication as insolvent or bankrupt in an involuntary proceeding, state or federal, or the appointment of a receiver or trustee for the Tenant or its property in such proceeding. 5 (c) Tenant's assignment for the benefit of creditors or its commencement of any action under any voluntary insolvency or bankruptcy act. (d) Tenant's failure to effect the release of judgment lien docketed against Tenant's equipment and furnishings on or in the Premises within ten (10) days. (e) Tenant's failure to pay promptly when due without demand, any installment of the Annual Base Rent. (f) Tenant's failure to perform any of the other covenants or conditions herein contained. (g) Tenant's death, dissolution, termination of existence, the initiation of any proceeding to dissolve Tenant or Tenant's business failure. i6. Landlord's Remedies Upon an Event of Default. 16.1 If Tenant shall fail to pay the Annual Base Rent to Landlord promptly when due, without de,and, time being of the essence, or if. es to any other event of Default set forth in Section 17 hereof. Tenant shall fail to commence curative efforts promptly upon notice from Landlord and thereafter prosecute its efforts with diligence to completion, within ten (10) days. then in addition to ell other remedies of Landlord at law or in equity, Landlord shall have the right: (a) To enter the Premises to cure a nonmonetary default by Tenant and add the cost of such cure, with interest at the rate of ten (10) percent par annu~, to the amount of the next monthly installment of Annual Base Rent to be paid by Tenant hereunder. Such curing shall not be deemed a waiver or release of any other or future default. [b] To cancel and terminate this Lease effective upon written notice to Tenant. Thereupon. Tenant shall quit and peaceably surrender the Premises to Landlord, but Tenant shall remain liable for all rentals then accrued, but unpaid. Upon such termination, ~andlord may resume possession of Premises by any lawful means, w~th or without legal process, and remove Tenant and its effects and hold Premises as if this Lease has not been mede. (c) To enter the Premises without terminating this Lease and prepare the Premises for reletting and occupy or relet the Premises or any part thereof as agent of Tenant or otherwise for a term or terms to expire prior to, at the sams time as, or subsequent to the expiration of the Term of this Lease. at Landlord's option, end receive the rent therefore, applying the same first to the payment of such reasonable expenses as Landlord shall have incurred in resuming possession and reletting, including brokerage and reasonable attorney's fees. and then to the payment of d~gee in amounts equal to the total rental remaining due hereunder. Regardless of whether Landlord has relet the Premises. Tenant shall pay to Landlord damages equal to the remaining ine%ell~ents of the Annual Base Rent payable hereunder and all other rental end sums herein agreed to be paid by Tenant. less the proceeds of the reletting, if any, as ascertained from time to time, and the same shall be payable by Tenant on the several rental payment dates specified herein for the remainder of the Term. No such reletting shall constitute a surrender and acceptance or be deemed evidence thereof. Tenant waives all rights of redemption to which Tenant or any person claiming under Tenant may be entitled by any law now or hereafter in force. 16.2 Failure of Landlord to reenter the Premises, or to exercise any of its rights hereunder upon any default, shall not be deemed a waiver of any subsequent default or defaults. All of Landlord's rights shall be cumulative and shall not preclude Landlord's exercising any other rights or remedies at law or in equity. 16.3 Tenant covenants and agrees to pay Landlord. as an additional rental, an amount equal to Landlord's cost and expense, including a reasonable attorney's fee. incurred by Landlord on account of any Event of Default hereunder. 17. No Waiver. No failure of Landlord to insist upon strict observance of any provision of this Lease and no custom or practice of the parties at variance with the terms hereof shall be deemed a waiver of any provision of this Lease in any instance. No payment by Tenant or receipt by Landlord of an amount less than the ~u~ount of rental and other sums claimed due from Tenant from time to time shall be deemed to be other than a partial payment on account, and no endorsement or statement on any check or letter accompanying s check for payment of any rental due hereunder shall be deemed an accord and satisfaction. and Landlord may accept any such check or payment in any amount without prejudice to Landlord's right to recover the balance of rental claimed by it due from Tenant or to pursue any other remedy provided in or contemplate by this Lease. 18. Subordination. This Lease is subject and subordinate to all ground or underlying leases and to all mortgages or deeds of trust which may now or hereafter affect such leases, the Building, or site composes of the land on which the Building is situated, and to all renewal, modifications, replacements and extensions thereof. The foregoing provisions shall be self- operative and not further instrument of subordination shall be required by any mortgagee or other interested party: provided however, that in confirmation of such subordination Tenant shall. upon request from Landlord, execute and deliver, in rscordable form an instrument of subordination. Tenant agrees in the event any proceedings are brought for the foreclosure of or in the event of the exercise of the power of sale under any deed of trust or mortgage made by Landlord covering the Building, to recognize and attorn to the purchaser at foreclosure as Landlord under this Lease, and Tenant hereby waives the provisions of any law or statute, now or hereafter enacted that give or purport to give Tenant the right to treat this Lease as terminated or modified. Any such mortgage or deed or trust may, at any time, at the request of the holder of the note secured thereby, be subordinated to this Lease, and to that end Tenant. at Landlord's request, shall execute, acknowledge and deliver such instruments as are in the judgment of such holder required. 19. ~ . Tenant agrees that at any time and from time to time by reasonable intervals, with ten (10) days after written request by Landlord. Tenant will execute, acknowledge and deliver to Landlord or to such assignee or mortgagee as m~y be designated by Landlord a certificate stating (a) that the Lease is unmodified and in force and effect (or if there have been modifications, that the Lease is in force and effect as modified, and identifying the modification agreements. or if the Lease is not in force and effect, the certificate shall so state): (b) the date to which rental has been paid under the Lease; (c) whether there is any existing default by Tenant in the payment of any rent or other sum~ of money under the Lease, and whether or not there is any other existing default by either party under the Lease with respect to which a notice of default has been served, and if there is any such default, specifying the nature and extent thereof: (d) whether there are any set-offs, defenses or counterclaims under the Lease; and (e) all other reasonable information respecting the Lease so requested by Landlord. 7 20. Notices. Any notice by either party to the other shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by registered or certified mail, properly addressed with sufficient postage paid (a) if to Tenant. at the Building. and (b) if to Landlord, at Landlord's address first above set forth, or at such other addresses as Tenant or Landlord, respectively, may designate in writing. Notice shall be deemed to have been duly given, if delivered personally, upon delivery, and if mailed, upon the third day after the mailing hereof. 21. Landlord's Riaht to Inspect and Repair. Landlord and its agents, officers, employees, or licensees may enter the Premises st any reasonable time for inspection or for making repairs, replacements and additions in, to, on or about the Premises or the Building. 22. Landlord's Riaht to Show. During business hours Landlord may show the Premises to prospective purchasers. tenants, and mortgagees during the Term of this Lease. 23. Asw~nmsnt and Sublessina: Successors and Assians. 23.1 Tenant agrees that it will not transfer or assign this Lease. or lease or sublease the whole or any part of the premises, without the written consent of the Landlord. Consent by Landlord to any assignment or sublease shell not be unreasonably withheld, but no such assignment or sublease shall release Tenant from liability hereunder. Consent by Landlord to any assignment or sublease shall not constitute a waiver of the necessity of such consent to any subsequent assignment or subletting. 23.2 This Lease and all the terms, covenants, conditions and provisions herein contained shall be binding upon and shall inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, end assigns (if assigned in accordance with the terms herein set out above). 24. ~ Subject to the performance by Tenant of this Lease and subject to the terms and conditions elsewhere herein contained, Landlord covenants that Tenant, upon performing ail its obligations hereunder, shall have quiet and peaceable possession of Premises during the Term hereof. 2§. Si=ns. Landlord agrees that Tenant shell have the right to appropriately display its occupancy of the Building by lettering its name at its entrance door. Such lettering shall conform to Landlord's requirements and the expense of such lettering shall be borne by the Tenant. 26. Entire Aaresment: Modification. This Lease contains the entire agreement between Landlord and Tenant relating to the Premises and supersedes ali prior negotiations, understandings and agreements, written or oral, between the parties, except that a prior or contemporaneous work-letter respecting the Premises and any other agreement that specifically refers to this Lease shall have full force and effect. This Lease shall not be amended or modified except by a written instrument executed by both parties. 27. NO Representations. Neither party has made any representations or promises except as contained herein or in some future writing signed by the party making such representation or promise. 28. NQ Partnsrehiu. Landlord shall not in any way for any purpose become or be deemed to be, a partner of Tenant in the conduct of its business. 29. Ri hts C ulativ . All rights, powers end privileges conferred hereunder upon the parties hereto shall be cumulative, but not restricted to those given by law. 30. Title and Para,tach Headinoe. The titles and paragraph headings used herein for convenience only and are not substantive in any way. 31. Separability Clause. Should any provisions of this Lease be or become void or unenforceable, the remaining provisions hereof shall remain in full force and effect to the extent that the surviving provisions do not work a gross inequity on either of the parties. 32. ~ This Lease shall become binding upon its execution by the parties. 33. ~ This Lease is to be governed and construed in all respects and enforced according to the laws of the Co~onwealth of Virginia. 34. N9 OPtion. The submission of this Lease for examination does not constitute a reservation of or option for the Premises, and this Lease becomes effective only upon execution and delivery thereof by Landlord. 35. n N . Feminine or masculine pronouns shall be substituted for those of the masculine form, and the plural shall be substituted for those of the singular number, in any place or places herein in which the context may require such substitution. 3~. ~snewal. This Lease shall terminate at the end. of..~J~, Term s~d herein, provided, however, if neither the~d}ord or Tenant no~'~ the other at least thirty (30)~s~_prior ~o expiration of the~ the Lease shall imed~ be renewed for a period of one 7es _~f~__.~.the end of~t~r~s./ ap? s?~_ _. that.Umw. ~T.9~. Tenant shall indem~ify and hold Lsndl, from by any real estate agent or broker than in connection with origination, ttation and execution of the ~r in any way related to or from this Lease. 38. (a) Tenant shall which shall be held by performance by Tenant of all by Tenant to be performed bs payable by Tenant on or hereof. sum of $ for the faithful covenants and conditions The Security Deposit shall first day of the term (b) If Tenant to comply with an"~'~e~form any of the terms, covenants~ onditione of this Lease.~4~n¢luding the payment of rent./~ ' other sums payable by Ten~ to %apdlord hereunder. L~lord ~y, at its sole discretiop~d1%~°n to_ any other~ght or remedy available to Landlord, appr~late aha apply ~uch of the SecuFity Deposit as ~y be d~m~n~ssa~ to c~ sate Landlord for all lose or d~age susta~ea or~ ~ Landlord ~ reason of the default ~ Tenant and a~ incurred ~ Landlord in correcting Tenant's default. (~k. Whenever any part of the Security Deposit is/ appropria~ and applied by Landlord. Tenant shall pro~y pay to Landlord ~ sums necessary to replenish the Sec~'fty Depos:t to the full amo~et forth in paragraph (b)~__ (d) Upon any tr~fer of the Landlor~ interest in this Lease or a successor, or~'~signee, Lan~'6~d may deliver the Security Deposit then held~,,~i~ to~ch successor or assignee. the~ignee for the return of the ~i~Y be re quire~....~ ...... nan~maining barrage of any ~"~g signatures and seals. LANDLORD: CRYSTAL TOWER BUILDING CORP. Marisay H. Piersall Title: Director of pronerties CI~ OF RO~OKE By: Title: 10 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W,, Room ,$56 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H, EAKIN Deputy City Clerk March 14, 1994 File//207-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31890-030794 accepting the bid of Caldwell Tanks, Inc., in the amount of $571,000.00, for construction of a 500,000 gallon elevated storage water tank in the Roanoke Centre for Industry and Technology referred to as Contract I, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31890-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno o pr: C. R. Spangler, III, Regional Sales Manager, Caldweli Tanks, Inc., P. O. Box 35770, Louisville, Kentucky 40219 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations M . Craig Sluss, Manager, Water Department William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Philip C. Schirmer, Project Manager Sarah E. Fitton, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations Phillip F. Sparks, Acting Chief, Economic Development MARY F. pA~ Kg~l~ City Clerk ClTY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~nia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 14, 1994 File #207-468 Brown Steel Contractors, Inc. CBI Na-Con, Inc. Phoenix Fabricators and Erectors, Inc. PDM, Inc. Ladies and Gentlemen: I am enclosing copy of Ordinance No. 31890-030794 accepting the bid of Caldwell Tanks, Inc., in the amount of $571,000.00, for construction of a 500,000 gallon elevated storage water tank in the Roanoke Centre for Industry and Technology referred to as Contract I, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31890-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, FC.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric o IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1994. No. 31890-030794. AN ORDINANCE accepting the bid of Caldwell Tanks, Inc., for construction of a 500,000 gallon elevated storage water tank in the Roanoke Centre for Industry and Technology referred to as Contract I, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE follows: 1. IT ORDAINED by the Council of the City of Roanoke as The bid of Caldwell Tanks, Inc., in the total amount of $571,000.00, for construction of a 500,000 gallon elevated storage water tank in the Roanoke Centre for Industry and Technology referred to as Contract I, as more particularly set forth in the March 7, 1994, report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. pA~KFR City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W., Room 456 Roanoke, Vir/inia ~lOl 1 Telephone: (703) 981-2..~.1 SANDRA H. EAKIN Deputy City Clerk March 14, 1994 File #60-207=468 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31889-030794 amending and reordaining certain sections of the 1993-94 Water Fund Appropriations, providing for the transfer of $644,000.00 from Retained Earnings - Unrestricted to Capital Outlay, RCIT Water Tank, in connection with construction of a 500,000 gallon elevated storage water tank in the Roanoke Centre for Industry and Technology. Ordinance No. 31889-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations M . Craig Sluss, Manager, Water Department William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Philip C. Schirmer, Project Manager Sarah E. Fitton, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations Phillip F. Sparks, Acting Chief, Economic Development · N THE COUNCIL OF THE C~TY OF ROANOKE~ V~RGZN~ The 7th day of March, 1994. No. 31889-030794. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is exist. Roanoke THEREFORE, BE IT ORDAINED by the Council of that certain sections of the 1993-94 Appropriations, be, and the same are hereby, to read as follows, in part: declared to the city of Water Fund amended and reordained ADDroDriatlons Capital Outlay RCIT Water Tank $ 30,030,679 644,000 Retained Earnings Retained Earnings - Unrestricted (2) .............. 18,834,384 1) Appropriated from General Revenue (002-056-8378-9003) $ 644,000 2) Retained Earnings - Unrestricted (002-3336) (644,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: city Clerk. Roanoke, Virginia March 7, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY WATER TANK - CONTRACT I I concur with the Bid Committee recommendations relative to the above projects and recommend it to you for appropriate action. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/fm CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Roanoke, Virginia March 7, 1994 Honorable Mayor and Me~%bers of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY WATER TANK - CONTRACT I Backqround A. Invitation to bid was advertised on January 2, 1994. A non-mandatory pre-bid conference was held on January 20, 1994. Bids, following proper advertisement, were publicly opened and read aloud before the City Council on February 7, 1994, for the construction of a 500,000 gallon elevated storage water tank in the Roanoke Centre for Industry and Technology. Five (5) bids were received with Caldwell Tanks, Inc. of Louisville, Kentucky submitting the low bid in the amount of $571~000 and two hundred seventy (270) consecutive calendar days. D. The work consists of a 500,000 gallon water tank, grading, and pile foundations. II. Issues: A. Compliance of bidders contract documents. B. Amount of the low bid. C. Fundinq for the project. D. Time of completion. with the requirements of the Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY WATER TANK - CONTRACT I March 7, 1994 Page 2 III. Alternatives: Award a contract to Caldwell Tanks, Inc. of Louisville, Kentucky in the amount of $571,000 and two hundred seventy (270) consecutive calendar days for the construction of a 500,000 gallon elevated storage water tank in the Roanoke Centre for Industry and Technology in accordance with the contract documents. 1. Compliance of the bidders with the requirements of the contract documents was satisfied. 2. Amount of the bid is acceptable. The low bid is 32% below the project estimate of $836,950. 3. Funding for the project is available from Water Fund Retained Earnings to fund this contract. 4. Time of completion is two hundred seventy (270) consecutive calendar days, which is acceptable. Reject all bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the contract documents would not be an issue. 2. Amount of the bid would probably increase if rebid at a later date. 3. Fundinq would not be encumbered at this time. 4. Time of completion would be extended. IV. Recommendation is that City Council take the following action: A. Concur in the implementation of Alternative "A". Authorize the City Manager to enter into a contractual agreement, in a form approved by the City Attorney, with Caldwell Tanks, Inc. of Louisville, Kentucky in the amount of $571,000 and two hundred seventy (270) consecutive calendar days for the construction of a Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY WATER TANK - CONTRACT I March 7, 1994 Page 3 Ce 500,000 gallon elevated storage water tank in the Roanoke Centre for Industry and Technology in accordance with the contract documents. Appropriate $644,000 from Water Fund Retained Earnings to a new account entitled "R.C.I.T. Water Tank". The contract contingency amount noted below will provide for a 10 percent contract contingency, the cost of extending public utilities (telephone and electric lines), and approximately $1,000 in advertising expenses already incurred. Contract Amount Contingency Utilities Advertising $571,000 57,000 15,000 1~000 $644,000 D. Reject the other bids received. Respectfully submitte~_ William white, Sr., C~r~{~'n WW/PCS/kh Attachment: Tabulation of Bids Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY WATER TANK - CONTRACT I March 7, 1994 Page 4 cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator TABULATION OF BIDS CITY OF ROANOKE 500,000 GALLON WATER TANK ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY ROANOKE, VIRGINIA JOB NO. 6260 Bids opened before City Council on Monday, February 7, 1994 at 2:00 p.m. Caldwell Tanks, Inc. $571,000.00 $686,600.00 270 Yes Phoenix Fabricators $586,107.00 $705,727.00 270 Yes CBI Na-Con No Bid $686,600.00 270 Yes PDM, Inc. No Bid $795,000.00 270 Yes Brown Steel Fabricators $670,480.00 $822,280.00 270 Yes *Consecutive Calendar Days Base Bid: 500,000 Gallon Multi-legged Water Tank & Foundations Total Alternate A: 500,000 Gallon Pedisphere Water Tank and Foundations Estimated Cost: $836,950.00 William White , Sr., Chairmani Kit ~. Kiser Office of the City Engineer Roanoke, Virginia March 7, 1994 MARY F. PAI~g~R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~/nia 24011 Telephone: (703) 981-2541 March 14, 1994 File #207-405-468 SANDRA H. EAKIN Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31892-030794 accepting the bid of J. P. Turner and Bros., Inc., in the amount of $171,036.50, for construction of the water main and access road to the water tank in the Roanoke Centre for Industry and Technology referred to as Contract II, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31892- 030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. Sincerely, ~].~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. pc; Donald Dye, Vice-President, J. p. Turner and Bros., Inc., 800 8th Street, Salem, Virginia 23153 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations M . Craig Sluss, Manager, Water Department William F. Clark, Director, Public Works Charies M. Huffine, City Engineer Philip C. Schirmer, Project Manager Sarah E. Fitton, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations Phillip F. Sparks, Acting Chief, Economic Development MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk Maroh 14, 1994 File #207-405-468 Aaron J. Conner General Contractor, Inc. Dixon Contracting, Inc. C. R. Meador General Contractor E. C. Pace Co., Inc. Prillaman & Pace, Inc. Ladies and Gentlemen: I am enclosing copy of Ordinance No. 31892-030794 accepting the bid of J. P. Turner and Bros., Inc., in the amount of $171,036.50, for construction of the water main and access road to the water tank in the Roanoke Centre for Industry and Technology referred to as Contract II, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31892- 030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th day of March, 1994. No. 31892-030794. VIRGINIA, AN ORDINANCE accepting the bid of J. P. Turner and Brothers, Incorporated, for construction of the water main and access road to the water tank in the Roanoke Centre for Industry and Technology referred to as Contract II, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of J. P. Turner and Brothers, Incorporated, in the total amount of $171,036.50 for contruction of the water main and access road to the water tank in the Roanoke Centre for Industry and Technology referred to as Contract I, as more particularly set forth in the March 7, 1994, report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. municipal ordinance shall be in full force and effect upon its In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this passage. ATTEST: City Clerk. MARY F. PAilK~R City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~,01 I Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 14, 1994 File #60-207-405-468 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31891-030794 amending and reordaining certain sections of the 1993-94 Water Fund Appropriations, providing for transfer and appropriation of funds in connection with construction of 2,843 feet of water main and an access road to the proposed water tank in the Roanoke Centre for Industry and Technology. Ordinance No. 31891-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. Sincerely, ~a~c._~. Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations M . Craig Sluss, Manager, Water Department William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Philip C. Schirmer, Project Manager Sarah E. Fitton, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations Phillip F. Sparks, Acting Chief, Economic Development IN THE COUNCIL OP THE CITY OF ROANOKE, VIRGINIA The 7th day of March, 1994. No. 31891-030794. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Outlay RCIT Water Tank (1 2) $ 30,030,679 Water Plant Expansion Bonds 1992 (3) 190,000 Retained Earnings Retained Earnings - Unrestricted (4) .............. 19,418,383 1) Appropriated from Bond Funds (002-056-8378-9001) $ 129,999 2) Appropriated from General Revenue (002-056-8378-9003) 60,001 3) Appropriated from Bond Funds (002-056-8366-9189) 4) Retained (129,999) Earnings - Unrestricted (002-3336) ( 60,001) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia March 7, 1994 Honorable Mayor and Members of Roanoke, Virginia Dear Members of City Council: City Council SUBJECT: BID COMMITTEE REPORT ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY WATER MAIN AND ACCESS ROAD - CONTRACT II I concur with the Bid Committee recommendations relative to the above projects and recommend it to you for appropriate action. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/fm cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Roanoke, Virginia March 7, 1994 Honorable Mayor and Men%hers of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY WATER MAIN AND ACCESS ROAD - CONTRACT II I. Backqround: Invitation to bid was advertised on January 2, 1994. A non-mandatory pre-bid conference was held on January 20, 1994. B$ Bids, following proper advertisement, were publicly opened and read aloud before the City Council on February 7, 1994, for the construction of 2,843' of water main and an access road to the proposed water tank in the Roanoke Centre for Industry and Technology. Six (6) bids were received, with J. P. Turner and Brothers, Incorporated of Roanoke, Virginia submitting the low bid in the amount of $171t036.50 and three hundred (300) consecutive calendar days. The work consists of a gravel access road, 2,843' of 16" diameter water main, and modifications to the Statesman pump station. II. Issues: A. Compliance of bidders contract documents. B. Amount of the iow bid. C. Fundinq for the project. D. Time of completion. with the requirements of the III. Alternatives: Award a contract to J. P. Turner and Brothers, Incorporated of Roanoke, Virginia in the amount of $171,036.50 and three hundred (300) consecutive calendar Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY WATER TANK, WATER MAIN, AND ACCESS ROAD - CONTRACT II March 7, 1994 Page 2 days for the water main and access road to the proposed water tank in the Roanoke Centre for Industry and Technology in accordance with the contract documents. 1. Compliance of the bidders with the requirements of the contract documents was satisfied. 2. Amount of the bid is acceptable. The low bid is 9% below the project estimate of $188,600. Funding for the project is available in the Water Plant Expansion Bonds 1992 account and from Water Fund Retained Earnings to fund this contract. 4. Time of completion is three hundred (300) consecutive calendar days, which is acceptable. B. Reject all bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the contract documents would not be an issue. 2. Amount of the bid would probably increase if rebid at a later date. 3. Funding would not be encumbered at this time. 4. Time of completion would be extended. IV. Recommendation is that City Council take the following action: A. Concur in the implementation of Alternative "A". Be Authorize the City Manager to enter into a contractual agreement, in a form approved by the City Attorney, with J. P. Turner and Brothers, Incorporated of Roanoke, Virginia in the amount of $171~036.50 and three hundred (300) consecutive calendar days for the water main and access road to the proposed water tank in the Roanoke Centre for Industry and Technology in accordance with the contract documents. Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY WATER TANK, WATER MAIN, AND ACCESS ROAD - CONTRACT II March 7, 1994 Page 3 Authorize the Director of Finance to transfer $129,999.00 from the Water Plant Expansion Bonds 1992 account to a new account entitled "R.C.I.T. Water Tank" and appropriate $60,001.00 from Water Fund Retained Earnings. The contract contingency amount noted below will provide for a 10 percent contract contingency and approximately $1,000 in advertising expenses already incurred. Contract Amount Contingency Advertising $171,036.50 17,963.50 1~000.00 $190,000.00 Reject the other bids received. Respectfully Submitt~, ~ Wlllf~m ~£te,-'Sr., Chairman- Kit B. Kiser WW/PCS/kh Attachment: Tabulation of Bids cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator TABULATION OF BIDS CITY OF ROANOKE WATER MAIN AND ACCESS ROAD ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY ROANOKE, VIRGINIA JOB NO. 6260 Bids opened before City Council on Monday, February 7, 1994 at 2:00 p.m. J. p. Turner and Brothers, Incorporated $171,036.50 300 Yes Dixon Contracting $176,736.00 300 Yes Prillaman & Pace $180,008.00 300 Yes E.C. Pace $195,064.00 300 Yes Aaron J. Conner $256,359.63 300 Yes C.R. Meador Construction $272,046.00 300 Yes *Consecutive Calendar Days Estimated Cost: $188~600.00 Will~iam~ite , Sr., C~/ai/~han · Kit iser Office of the City Engineer Roanoke, Virginia March 7, 1994 MARy F. PAR]~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 14, 1994 File #20-77-405-468-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31894-030794 accepting the bid of Aaron J. Conner General Contractor, Inc., in the amount of $1,254,475.00, for construction of a portion of the waterline frem Carvins Cove Filter Plant to Crystal Springs Pump Station referred to as Contract A-1, Upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31894-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. pc: M. Scott Hollis, Urban Engineer, Virginia Department of Transportation, 1401 East Broad Street, Richmond, Virginia 23219 Aaron J. Conner, Vice President, Aaron J. Conner General Contractor, Inc. P. O. Box 6068, Roanoke, Virginia 24017 , Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations M. Craig Sluss, Manager, Water Department William F. Clark, Director, Public Works Charles M. Huffine, City Engineer MARY F. City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Tel~hanOke. Virginia 24011 elephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk March 14, 1994 File #20-77-405-468-514 B~'ant Electric Co., Inc. Casper Colosimo and Son, Inc. Dixon Contracting, Inc. W. L. Halley & Co., Inc. Laramore Construction Co., Inc. E. C. Pace Co., Inc. F. L. Showalter, Inc. Yates Construction Co., Inc. Ladies and Gentlemen: I am enclosing copy of Ordinance No. 31894-030794 accepting the bid of Aaron J. Conner General Contractor, Inc., in the amount of $1,254,475.00, for construction of a portion of the waterline from Carvins Cove Filter Plant to Cr~stal Springs Pump Station referred to as Contract A-1, upon certain terms and conditions; authorizing the proper City officials to execute the roquisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31894-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sinceroly, f/~..~. Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1994. No. 31894-030794. AN ORDINANCE Contractor, Inc., from Carvins Cove accepting the bid of Aaron J. Conner, General for construction of a portion of the waterline Filter Plant to Crystal Springs Pump Station referred to as Contract A-I, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute other bids emergency. the requisite contract for such work; rejecting all made to the City for the work; and providing for an BE follows: 1. Phase II A-l, in IT ORDAINED by the Council of the City of Roanoke as The bid of Aaron J. Conner, General Contractor, Inc., for Improvements to the Carvins Cove Filter Plant, Contract the total amount of $1,254,475.00, for construction of a portion of the waterline from Carvins Cove Filter Plant to Crystal Springs Pump Station referred to as Contract A-l, as more particularly set forth in the March 7, 1994, report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. municipal ordinance In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 Deputy City Clerk March 14, 1994 File #20-60-77-405-468-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31893-030794 amending and reordaining certain sections of the 1993-94 Water Fund Appropriations, providing for the transfer of $1,379,923.00 from Retained Earnings - Unrestricted, to Capital Outlay - Carvins Cove Phase II, Contract A-l, in connection with Carvins Cove Filter Plant Improvements, Phase II, Contract A-l, installation of water lines from the Carvins Cove Filter Plant to the VDOT Williamson Road Project near Hollins College. Ordinance No. 31893-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. MFP: sm Sincerely, Mary F. Parker, CMC/AAE City Clerk Enc. pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations M. Craig Sluss, Manager, Water Department William F. Clark, Director, Public Works Charles M. Huffine, City Engineer John A. Peters, Project Manager Sarah E. Fitton, Construction Cost Technician William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF RO~%NOKEt VIRGINI~ The 7th day of March, 1994. No. 31893-030794. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: & ro iations Capital Outlay Carvins Cove Phase II, Contract A-1 (1) ........... Retained Earninqs Retained Earnings - Unrestricted (2) .............. $ 31,410,602 1,379,923 18,098,462 1) Appropriated from General Revenue (002-056-8379-9003) $ 1,379,923 2) Retained Earnings - Unrestricted (002-3336) (1,379,923) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia Honorable Mayor and Members of City Council City of Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT CARVINS COVE WATERLINE PROJECT CONSTRUCTION CONTRACT AWARD, CONTRACT A-1 I concur with the Bid Committee recommendations relative to the above projects and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/PCS/fm cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Roanoke, Virginia March 7, 1994 Honorable Mayor and Members of City Council City of Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT CARVINS COVE WATERLINE PROJECT CONSTRUCTION CONTRACT AWARD, CONTRACT A-1 I. Backqround: Carvins Cove Filter Plant Improvement includes expansion of the Filter Plant at Carvins Cove (Phase I) and the installation of over 70,000 linear feet of waterline from Carvins Cove to the Crystal Springs Pump Station (Phase II). Be Contract A-1 of Phase II includes the installation of water lines from the Carvins Cove Filter Plant to the VDOT Willtamson Road Project near Hollins College. This project has an Engineer's Estimate of ~2,100,000.00. Previous contracts awarded for Carvins Cove Waterlino are as follows: Contract B-i, Awarded on September 13, 1993 to H. Hamner Gay, Total Contract Amount with contingency: $3~216~417.00. Contract B-2, Awarded on June 28, 1993 Conner, Total Contract Amount with $2~721~053.94. to Aaron J. contingency: Contract C-i, Awarded on June 28, 1993 to E. C. Pace, Total Contract Amount with contingency: $1~634~574.48. Contract C-2, Awarded on June 28, 1993 to H. Hamner Gay, Total Contract Amount with contingency: $2~567~988.50. II. Current Situation: Bids were received on February 7, 1994 from nine (9) contractors. The apparent low bidder was Aaron J. Conner, General Contractor, Inc. with a bid of $1~254~475.00 . (See attached Bid Tabulation.) Members of City Council Bid Committee Report Carvins Cove Waterline Project Construction Contract Award, Contract A-1 Page 2 III. Issues: A. Cost B. Funding IV. Alternatives: Authorize the City Manager to execute a unit price contract in a form approved by the City Attorney with, Aaron J. Conner, General Contractor, Inc. in the amount of $1,254~475.00 with a project contingency of $125~447.50, and allow an additional 45 days for a total contract time of 315 days for the contractor to complete the work at Hollins College between June 1 and August 15. Cost is below Engineer's Estimate (40.2%) and was competitively bid. The difference between the contractors bid and the Engineer's Estimate is due to a superior method of tunneling under 1-81. 2. Funding is available in Water Fund Retained Earnings. Do not authorize the City Manager to execute a unit price contract with Aaron J. Conner, General Contractor, Inc. 1. Cost would be based on a future bid. Funds would remain available in Account No. 002-056- 8366. V. Recommendation: Alternative A Authorize the City Manager to execute a unit-price contract with Aaron J. Conner, General Contractor, Inc., for Phase II Improvements to the Carvins Cove Filter Plant, Contract A-l, in the amount of $1~254~475.00 with a project contingency of $125,447.50 and appropriate $1~379~922.50 from Water Fund Retained Earnings to a new account to be established entitled Carvins Cove, Phase II, Contract A-1. Members of City Council Bid Committee Report Carvins Cove Waterline Project Construction Contract Award, Contract A-1 Page 3 Respectfully submitted, William White, Chairman Kit B. Kiser M. Cra~l~ss WRH/JAP/fm cc: City Attorney Acting Director of Finance Director of Public Works Director of Utilities and Operations Manager, Management & Budget Manager, Water Department Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Members of City Council Bid Committee Report Carvins Cove Waterline Project Construction Contract Award, Contract A-1 Page 4 Contractor BID TABULATION AMOUNT BID BOND 2. 3. 4. 5. 6. 7. 8. 9. Aaron J. Conner, General Contractor, $1,254,475.00 Yes Inc. (Alt. B 45 days) Bryant Electric Company, Inc. $1,296,788.00 Yes (Alt. B $0.00) Yates Construction Co., Inc. $1,316,690.00 Yes (Alt. B $20,000.00) F. L. Showalter, Inc. $1,601,220.00 Yes (Alt. B $0.00) E. C. Pace $1,604,900.00 Yes (Alt. B $20,000.00) W. L. Halley & Co., Inc. $1,622,500.00 Yes (Alt. B $10,000.00) Casper Colosimo and Son, Inc. $1,714,150.00 Yes (Alt. B $3,000.00) Dixon Contracting, Inc. $1,854,100.00 Yes (Alt. B $117,000.00) Laramore Construction $1,862,185.00 Yes (Alt. B $69,750.00) Alternate B is and August Engineering Estimate: $2,100,000.00 for work to be performed between June 1 15 William White, Chairman M.~aig Sluss MARY F. PAI~KgJ~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virg/nia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 14, 1994 File #20=77-405=468=514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31896-030794 accepting the bid of Laramore Construction Co., Inc., in the amount of $1,469,735.00, for construction of a portion of the waterline from Carvins Cove Filter Plant to Crystal Springs Pump Station referred to as Contract A-2, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31896-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. pc: M. Scott Hollis, Urban Engineer, Virginia Department of Transportation, 1401 East Broad Street, Richmond, Virginia 23219 John H. Laramore, President, Laramore Construction Co., Inc., P. O. Box 1656, Danville, Virginia 24543 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations M. Craig Sluss, Manager, Water Department William F. Clark, Director, Public Works Charles M. Huffine, City Engineer MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (?03) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 14, 1994 File #20-77-405-468-514 Casper Colosimo and Son, Inc. Aaron J. Conner General Contractor, Inc. W. L. Harley & Co., Inc. F. L. Showalt~r, Inc. Yates Constraction Co., Inc. Ladies and Gentlemen: I am enclosing copy of Ordinance No. 31896-030794 accepting the bid of Laramore Construction Co., Inc., in the amount of $1,469,735.00, for construction of a portion of the waterline from Carvins Cove Filter Plant to Crystal Springs Pump Station referred to as Contract A-2, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting ali other bids made to the City for the work. Ordinance No. 31896-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. On behaff of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th day of March, 1994. No. 31896-030794. VIRGINIA, AN ORDINANCE accepting the bid of Laramore Construction Company, Incorporated, for construction of a portion of the waterline from Carvins Cove Filter Plant to Crystal Springs Pump Station referred to as Contract A-2, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Laramore Construction Company, Incorporated, for Phase II Improvements to the Carvins Cove Filter Plant, Contract A-2, in the total amount of $1,469,735.00, for construction of a portion of the waterline from Carvins Cove Filter Plant to Crystal Springs Pump Station referred to as Contract A-2, as more particularly set forth in the March 7, 1994, report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. municipal ordinance shall be in full In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this force and effect upon its passage. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of March, 1994. No. 31895-030794. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal city of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Capital Outlay Carvins Cove Phase II, Contract A-2 (1) ........... Water Plant Expansion Bonds 1992 (2) .............. $ 30,030,679 1,616,709 129,999 1) Appropriated from Bond Funds 2) Appropriated from Bond Funds (002-056-8373-9001) (002-056-8366-9189) $ 1,616,709 (1,616,709) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, March $~, 1994~- ~ Honorable Mayor and Members of City Council City of Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT CARVINS COVE WATERLINE PROJECT CONSTRUCTION CONTRACT AWARD, CONTRACT A-2 I concur with the Bid Committee recommendations relative to the above projects and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/PCS/fm cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Roanoke, Virginia March 7, 1994 Honorable Mayor and Members of City Council City of Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT CARVINS COVE WATERLINE PROJECT CONSTRUCTION CONTRACT AWARD, CONTRACT A-2 I. Background: Carvins Cove Filter Plant Improvement includes expansion of the Filter Plant at Carvins Cove (Phase I) and the installation of over 70,000 linear feet of waterline from Carvins Cove to the Crystal Springs Pump Station (Phase II). Contract A-2 of Phase II includes the installation of water lines from the Boxley Hills Pump Station to the VDOT Williamson Road Project near Plantation Road. This project has an Engineer's Estimate of $1,600t000.00. C. Previous contracts awarded for Carvins Cove Waterline are as follows: Contract B-i, Awarded on September 13, 1993 to H. Hamner Gay, Total Contract Amount with contingency: $3~216t417.00 2. Contract B-2, Awarded on June 28, 1993 to Aaron J. Conner, Total Contract Amount with contingency: $2~721t053.94 Contract C-l, Awarded on June 28, 1993 to E. C. Pace, Total Contract Amount with contingency: $1t634~574.48. 4. Contract C-2, Awarded on June 28, 1993 to H. Hamner Gay, Total Contract Amount with contingency: $2t567~988.50 II. Current Situation: Bids were received on February 7t 1994 from six (6) contractors. Subsequently, the apparent low bidder (Yates Construction) withdrew their bid due to a mathematical error. (See attached Bid Tabulation) Members of City Council Bid Committee Report Carvins Cove Waterline Project Construction Contract Award, Contract A-2 Page 2 III. Issues: A. Cost B. Fundinq IV. Alternatives: Authorize the City Manaqer to execute a unit price contract in a form approved by the City Attorney with Laramore Construction Co., Incorporated, in the amount of $1~469~735.00 with a project contingency of $146~973.50. 1. Cost is below Engineer's Estimate (8.1%) and was competitively bid. 2. Funding is available in Account No. 002-056-8366 entitled Water Fund - Water Plant Expansion Bonds '92. B. Do not authorize the City Manager to execute a unit price contract with Laramore Construction Co., Inc. 1. Cost would be based on a future bid. 2. Funds would remain available in Account No. 002-056- 8366. V. Recommendation: Alternative A Authorize the City Manager to execute a unit-price contract with Laramore Construction Co., Incorporated, for Phase II Improvements to the Carvins Cove Filter Plant, Contract A-2, in the amount of $1~469,735.00 with a project contingency of $146~973.50. Transfer $1~616,708.50 from Account No. 002-056-8366, Water Fund - Water Plant Expansion Bonds '92 to a new account to be established entitled Carvins Cove, Phase II, Contract A-2. Members of City Council Bid Committee Report Carvins Cove Waterline Project Construction Contract Award, Contract A-2 Page 3 Respectfully submitted, William ~hlte, ~h~irm~n K.~?~ B.~ s~e'r M. Crai~Sluss WRH/JAP/fm cc: City Attorney Acting Director of Finance Director of Public Works Director of Utilities and Operations Manager, Management & Budget Manager, Water Department Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Members of City Council Bid Committee Report Carvins Cove Waterline Project Construction Contract Award, Contract A-2 Page 4 Contractor BID TABULATION AMOUNT BID BOND 1. Yates Construction Company, 2. Laramore Construction Co., Incorporated 3. F. L. Showalter, Inc. 4. Casper Colosimo and Son, Inc. 5. W. L. Hailey& Co., Inc. 6. Aaron J. Conner General Contractor Inc. $1,254,475.00 Yes (a) $1,469,735.00 Yes $1,470,648.00 Yes $1,480,155.00 Yes $1,599,500.00 Yes (b) $1,734,967.70 Yes (c) Notes: 1. Withdrew bid by letter dated February 9, 1994 due to mathematical error. Bid Deduct of $50,000 for Contract A-1 & A-2. Bid Deduct of $15,000 for 48" Casing Pipe. Engineering Estimate: , '~ /~ William W~ite, Chairma~ Kit B. Kiser Roanoke, Virginia March 7, 1994 MARY F. PABKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2Md SANDRA H. EAKIN l~puty City Clerk March 14, 1994 File #2-28-58-70-166-169-216-468-481 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31874-030794 authorizing execution of certain documents exchanging a City-owned five foot wide strip of property, formerly the southerly one-half of an alley, along the rear of property commonly known as 118, 120 and 122 Campbell Avenue, S. W., for T rinkle-owned property described as a 6.5 foot by 25.0 foot area upon which a portion of a two story addition on the ~ear of 124 Campbell Avenue, S. W., encroaches, upon certain terms and conditions; and further authorizing an air rights agreement permitting existing fire escapes at the rear of the buildings at 118 and 122 Campbell Avenue to remain in place over the five foot wide strip to be conveyed to Mr. Trinkle, upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Committee under date of August 23, 1993 and February 28, 1994. Ordinance No. 31874-030794 was adopted by the Council of the City of Roanoke on first reading on Monday, February 28, 1994, also adopted by the Council on second reading on Monday, March 7, 1994, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. James L. Trinkle, 305 First Street, S. W., Roanoke, Virginia Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance 24011 W/Robert Herbert March 14, 1994 Page 2 pc: Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Phillip F. Sparks, Acting Chief, Economic Development George C. Snead, Jr., Director, Public Safety Rawleigh W. Quarles, Fire Chief Glenn D. Radcliffe, Director, Human Development Kenneth S. Cronin, Personnel Manager Glenn A. Asher, Risk Management Officer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1994. No. 31874-030794. AN ORDINANCE authorizing the execution of certain documents relating to the exchange of certain property between the City and James L. Trinkle, subject to various terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Mayor and City Clerk are authorized to execute and attest, respectively, the necessary documents exchanging a City- owned five foot wide strip of property, formerly the southerly one- half of an alley, along the rear of property commonly known as 118, 120 and 122 Campbell Avenue, S.W., for Trinkle-owned property described as a 6.5 foot by 25.0 foot area upon which a portion of a two (2) story addition on the rear of 124 Campbell Avenue, S.W., encroaches, upon certain terms and conditions as set forth in the report to the Water Resources Committee dated August 23, 1993 and the report to this Council dated February 28, 1994. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, an air rights agreement permitting existing fire escapes at the rear of the buildings at 118 and 122 Campbell Avenue to remain in place over the five (5) foot wide strip to be conveyed to Mr. Trinkle, upon certain terms and conditions as set forth Committee dated August 23, dated February 28, 1994.. 3. All of these documents to be in a City Attorney. in the report to the Water Resources 1993 and the report to this Council form approved by the ATTEST: City Clerk. Roanoke, Virginia February 28, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia SUBJECT: PROPERTIES AT 118 124 CAMPBELL AVENUE, S.W. ACCESS EASEMENT FROM KIRK AVENUE, S.W. Dear Members of City Council: I. Backqround: Permission to exchange properties, establish temporary access easement across Trinkle parking lot to rear of structures, and acquire permit agreement to allow fire escapes to overhang Trinkle property was considered and approved by City Council at it's meeting on September 13, 1993, by Ordinance No. 31695-091393. II. Current Situation: Indemnification of property owner (Trinkle) for use of access easement across parking lot from Kirk Avenue, S.W., to and from City-owned structures by the City, it's employees, and invitees, and to allow fire escapes to overhang Trinkle property, is required. Indemnification was not an issue and was not requested when this matter was before City Council on September 13, 1993. III. Recommendation: City Council authorize the City Attorney to prepare a deed of easement and permit agreement for the property owner's signature wherein the City indemnifies the property owner (Mr. Trinkle) from damages relative to the use of the temporary easement and fire escapes by the City, it's employees, and invitees, for the term of the easement. WRH/RVH/kh Respectfully submitted, W. Robert Herbert City Manager Attachments cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Acting Chief, Economic Development Risk Management Officer James L. Trinkle, C. W. Francis Realtors IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1993. No. 31695-092793. AN ORDINANCE authorizing the execution of certain documents relating to the exchange of certain property between the City and James L. Trinkle, subject to various terms and conditions. BE 1. attest, IT ORDAINED by the Council of the City of Roanoke that: The Mayor and City Clerk are authorized to execute and respectively, the necessary documents exchanging a City- owned five foot wide strip of property, formerly the southerly one- half of an alley, along the rear of property commonly known as 118, 120, 122 and 124 Campbell Avenue, S.W., for Trinkle-owned property described as a 6.5 foot by 25.0 foot area upon which a portion of a two (2) story addition on the rear of 124 Campbell Avenue, S.W., encroaches, upon certain terms and conditions as set forth in the report to the Water Resources Committee dated August 23, 1993. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, an air rights agreement permitting existing fire escapes at the rear of the buildings at 118 and 122 Campbell Avenue to remain in place over the five (5) foot wide strip to be conveyed to Mr. Trinkle, upon certain terms and conditions as set forth in the report to the Water Resources Committee dated August 23, 1993. 3. All of these documents to be in a form approved by the City Attorney. ATTEST: City Clerk. INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: August 23, 1993 Members, Water Resources Committee Kit B. Kiser, Director, Utilities and Operations W. Robert Herbert, City Manager PROPERTY EXCHANGE 118-124 CAMPBELL AVENUE, S.W. thru I. Background: City acquired 118, 120, from James L. Trinkle Campbell Avenue. 122 & 124 Campbell Avenue, S.W., to preserve historic facades on Acquisition included a five (5) foot strip of property, formerly the southerly one-half of an alley, along the rear of and the full width of the four (4) adjoining properties. Metal fire escapes exist on the rear of the buildings at 118 & 122 Campbell Ave., S.W., over the five (5) foot strip. City did not acquire a portion of a two (2) story addition on the rear of 124 Campbell Avenue, S.W., that encroaches approximately 6.50 feet by 25.0 feet over a portion of Mr. Trinkle's remaining property (parking lot facing Kirk Avenue, S.W.). II. Current Situation: Agreement to exchange properties has been worked out between Mr. Trinkle and City staff. The five (5) foot- wide City-owned strip behind 118, 120, and 122 Campbell Avenue, S.W., which functions as a portion of Mr. Trinkle's parking lot (and that he did not intend to include in the original sale to the City) is to be exchanged for the 6.5 foot by 25.0 foot parcel which includes portions of Mr. Trinkle's Lots bearing Official Tax Nos. 1010522 and 1010523, Lots 21 & 22, Official Survey, SW-1, containing portions of the two-story addition on the rear of 124 Campbell Avenue, S.W. An air rights agreement is to be worked out to permit fire 1 of 3 Ce escapes to remain in place over the five (5) foot strip as well as a right-of-access to the rear of the structures across Mr. Trinkle's parking lot to remain in effect until those properties are developed. When/if development takes place on Mr. Trinkle's Kirk Avenue parking lots, the then current owner(s) of 110-124 Campbell Avenue will be required to provide internal fire escape facilities exiting onto Campbell Avenue. Air rights for rear fire escapes and access easement can then be abandoned. Boundary adjustment to be accomplished by subdivision plat (see Plan 6244, attached). III. Issues: A. Need B. Timinq IV. Alternatives: Committee recommend to City Council that it authorize an exchange of properties between the City and James L. Trinkle involving a 5.0' by approximately 81.5' strip of City-owned property and a 6.5' by 25' strip of property owned by Mr. Trinkle, as well as an air rights agreement permitting fire escapes to remain in place over the 5.0' strip and a right of access to 118, 120, 122 and 124 Campbell Avenue, S.W., from Kirk Avenue, S.W., across Mr. Trinkle's parking lot which encompasses Official Tax Nos. 1011522 & 1011523, details more fully explained in Item II, A (above). Deeds of exchange accomplishing the exchange of properties to be prepared by the City Attorney's Office. Need by City for clear ownership of two (2) story addition to 124 Campbell Avenue, S.W. and real estate under it is met, need by Mr. Trinkle to re- acquire the five (5) foot wide by 81.5 foot long strip now used for parking is met. Timinq to permit City to establish clear ownership of building addition quickly as to permit marketing of structure(s) is met. Be Committee not recommend to City Council that it authorize an exchange of properties with Mr. James L. Trinkle regarding properties at 118-124 Campbell Avenue, S.W. 2 of 3 Need by City and Mr. Trinkle to clear up real estate problems not met. Timinq to accomplish exchange quickly is not met. Recommendation: Committee recommend to City Council that it authorize an exchange of properties with Mr. James L. Trinkle (Francis Realtors) in accordance with Alternative "A". KBK/RVH/fm Attachments cc: City Attorney Director of Finance Acting Chief, Economic Development James L. Trinkle, Francis Realtors 3 of 3 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. ~ Deputy City Clerk March 14, 1994 File #80-467 Ms. Nan T. Bartol 2011 Deyerle Road, S. W. Roanoke, Virginia 24018 Dear Ms. Bartol: I am enclosing copy of Resolution No. 31897-030794 memorializing your husband, the late Donald Bartol, a respected educator, community leader and former member of the Roanoke City School Board; and recognizing the contributions of Mr. Bartol to his community and its school children as coach, teacher, educator and friend. Resolution No. 31897-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. On behalf of the Mayor and Members of the Roanoke City Council, the City Manager and citizens of the City of Roanoke, I wish to express deepest regrets and sympathy upon the passing of Mr. Bartol. Sincerely, ~tJ~._._ Mary F.°~Ferker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir$inia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 14, 1994 File #80-467 Dr. Dennie T. Bartol c/o Ms. Nan T. Bartol 2011 Deyerle Road, S. W. Roanoke, Virginia 24018 Dear Dr. Bartol: I am enclosing copy of Resolution No. 31897-030794 memorializing your father, the late Donald Bartol, a respected educator, community leader and former member of the Roanoke City School Board; and recognizing the contributions of Mr. Bartol to his community and its school children as coach, teacher, educator and friend. Resolution No. 31897-030794 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 7, 1994. On behalf of the Mayor and Members of the Roanoke City Council, the City Manager and citizens of the City of Roanoke, I wish to express deepest regrets and sympathy upon the passing of Mr. Bartol. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1994. No. 31897-030794. A RESOLUTION memorializing the late Donald Bartolo WHEREAS, the members of this Council have learned, with sorrow, of the passing on February 26, 1994, of Mr. Donald Bartol, a respected educator, community leader and former member of the Roanoke City School Board; WHEREAS, Mr. Bartol taught and coached at Jefferson High School and Patrick Henry High School, served as principal of Stonewall Jackson Junior High School for sixteen years and, after his retirement as an employee of the Roanoke City School Division, City Council as a member of the Roanoke City was appointed by School Board; WHEREAS, Mr. Bartol gave unselfishly of his time and ability, spending a lifetime in service to his community and its school children as coach, teacher, educator and friend; and WHEREAS, this Council desires to take special note of passing of this dedicated public servant who was held in the high esteem by members of City Council and the citizens of the City; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this means of recording its deepest regrets at the death of Donald Bartol and extends to Mrs. Nan Thomasson Bartol, his widow, and his son, Dennie T. Bartol, M.D., the sympathy of this Council and that of the citizens of the City whom he faithfully served; and 2. The City Clerk is directed to forward an attested copy of this resolution to Mrs. Bartol. ATTEST: City Clerk.