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HomeMy WebLinkAbout1985-10-16 Resolutionr RESOLUTION NO. 85-304 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HANSEN LIND MEYER, P.C. FOR ARCHITECTURAL/ENGINEERING SERVICES FOR THE NEW ADDITION TO AND ALTERATION OF THE IOWA CITY CIVIC CENTER. WHEREAS, the Iowa City Civic Center is currently inadequate to accommodate the operations of the government of the City of Iowa City, and WHEREAS, the addition of a new office building adjacent to the Civic Center and remodeling of the existing facility will relieve current overcrowding and allow for the relocation of the Engineering Division and the Department of Planning and Program Development to the Civic Center complex, and WHEREAS, it is in the public interest to provide adequate office space for j certain City operating and administrative departments in one central loca- tion, and WHEREAS, the City has negotiated an agreement with Hansen Lind Meyer, P.C. to provide architectural and engineering services relating to the construction of a new office facility and remodeling of the existing Civic Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign, and the City Clerk to attest, an agreement between the City of Iowa City, Iowa and Hansen Lind Meyer, P.C. for architectural/engineering services for the new addition to and alteration of the Iowa City Civic Center. It was moved by Ambrisco and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Baker X Dickson x Erdahl X McDonald x Strait X Zuber Passed and approved this 16th dAy of October 1985. ATTEST: by Z;a apartment / carte' a AGREEMENT IOWA CITY CIVIC CENTER ADDITION AND ALTERATION This Agreement, made and entered into this 2q day of � 1985, by and between the City of Iowa City, here ina ger referre o as e ��� City, and Hansen Lind Meyer, P.C., an Iowa corporation, of Iowa City, Iowa, hereinafter referred to as the Architect. i Now, therefore, it is hereby agreed by and between the parties hereto that the City does retain the said Architect to act for and represent it in all matters involved in the terms of this Agreement. The project consists of a new addition to and alteration of the Iowa City Civic Center. The project will include all architectural, mechanical, electri- cal, structural, interior furnishings and signage, and site drawings required to construct the project. Such contract shall be subject to the following terms and conditions and stipulations, to -wit: The Architect shall not commit any of the following employment practices and agrees to prohibit the following practices in any sub- contracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, or creed. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, or creed. j ARTICLE I. SCOPE OF SERVICES 1 Section 1. The following services to be performed by the Architect shall consist of the following: Phase A - Schematic Design t Phase B - Design Development Phase C - Contract Documents Phase D - Bidding Phase E - Administration of Construction Contract Phase F - Additional Services of the Architect The Architect shall be responsible for the design of the Iowa City Civic Center addition and alteration. Section 2. For the purposes of this Agreement, John Benz shall be assigned and act as the project director and John Carlson shall be assigned and as project coordinator. The City designates Douglas Boothroy to act as the City's representative with respect to the work o e performed in this Agreement, and he shall have complete e authority to transmit instructions, receive information, process change orders, interpret and define City policies and decisions with respect to materi- als, equipment, elements and systems pertinent to this project. Changes in assignment by the Architect shall be grounds for termination by the City of this Agreement. The parties recognize that, due to the nature of this project, many other i individuals will be involved to some extent during the course of this M project. Section 3. The detailed work program shall be as follows: Phase A - Schematic Design Phase In this phase of the study, the Architect shall meet with representatives of the City to review and analyze the project. Discussion shall commence with the documents prepared under a previous study and the plans of existing structure. PAGE 2 Based on the mutually agreed upon program and project budget requirements, the Architect shall prepare for approval by the City, Schematic Design Documents consisting of drawings (including typical elevations) and other documents illustrating the scale and relationship of project components. Such design will take into account all previous policy decisions, the type and use of the facility, method of operation, architectural and structural requirements and site configurations as well as other factors influencing the operation of the Civic Center. The Architect will advise the City as to the necessity of providing or obtaining from others data or services of the type described in the section entitled Additional Services of the Architect. All preliminary designs and studies in this phase shall be closely coordinated with the City, and shall be submitted to the City for review and approval. The Architect shall provide ten (10) copies of a written report of findings and recommendations. At an appropriate time during development of the schematic design, the Architect shall present the designs to the Design Review Committee. The Design Review Committee does not have specific approval rights of the project but shall make its recommendations known to the City Manager. The Architect shall submit to the City a statement of probable construc- tion costs based on current area, volume or other unit costs. Phase B - Design Development Phase After written authorization to proceed with the Design Development Phase, the Architect will: on the basis of the approved schematic design documents, prepare Design Development Documents consisting of final design criteria, drawings and specifications. i The Design Development Phase shall include consideration of the following S factors: a. Establish column location, stairs and elevator(s) location, entry and exit i design, and construction materials and textures. i a b. Establish lighting levels, light fixture types, other electrical requirements and elevator requirements. C. HVAC, plumbing and piping system requirements and alternatives based on energy code requirements. i d. Establish grades and dimensions. e. Furnish the City with ten (10) copies of the Design Development Documents for review by the City. ; f. The Architect shall submit to the City an updated statement of probable construction costs. Phase C - Contract Documents Phase After City approval of the Design Development Phase and statement of probable construction costs, and upon written authorization to proceed, the Architect will begin the Construction Document Phase which will include: a. Preparation of specifications and construction contract documents. The specifications and construction contract documents shall be subject to City approval. The Architect shall assure that the construction contract documents include all the requirements of the City's affirma- tive action and equal opportunity program. The Architect will coordinate with the City's Civil Rights Specialist to assure that all required non-discrimination and equal opportunity statements are included in the contract documents. /nR I I I ■ PAGE 3 b. Furnishing the City with ten (10) copies of the specifications and Icontract drawings for a final review by the City. C. Update the probable statement of construction cost document upon completion of the contract documents. The Architect shall maintain close coordination with Iowa -Illinois Gas and Electricthe Cablevision, and C�North Northwestern Bell ywith bregard lic t Works utility relocatiHeof Iowa ritage utility design. Phase D - Bidding The Architect shall provide the following services in this phase upon written authorization from the City. a. Assist the City in securing bids and provide bid documents for contractors. b. Tabulation and analysis of bid results .and furnishing recommendations on the award of the construction contracts. c. Assistance on the preparation of the formal documents for the award of the contracts. Phase E - Administration of Construction Contract The Architect shall provide the following services in this phase. a. Review shop drawings and samples, the results of tests and inspections and other data which the contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information submission requirements stated in the construc- tion contract documents; determine the acceptability of substitute materials and equipment proposed by contractor(s); and receive and review (for general content as required by the specifications) maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by contrac- tor(s) in accordance with the construction contract documents. b. Interpret the requirements of the construction contract documents with the approval of the City. Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in written or graphic form. c. Review, process and make recomendations on applications for progress payments. d. Conduct an inspection to determine if the project is substantially complete and a final inspection to determine if the project has been completed in accordance with the plans, specifications, contract plan and contract documents and if each contractor has fulfilled all of his obligations thereunder so that the Architect may approve, in writing, final payment to each contractor. e. Provide an eleven (11) month visit after final acceptance of the project by the City. f. Make a final punch list for the City upon completion of the project. g. Issue all instructions of the City to the contractor; prepare routine change orders as required; and require special inspection or testing of the work as the Architect deems necessary. h. Make periodic visits to the site (approximately three per week) to observe as an experienced and qualified design professional the progress and quality of the executed work. Also the Architect shall monitor the work of the full-time project representative, if provided as an additional service. The Architect shall report any observed deficiencies in the contractor's performance to the City. /g9e2 ■ PAGE 4 i. The Architect and the City shall have the authority to reject work i which does not conform to the contract documents. J. The extent of the duties, responsibilities and limitations of author- ity of the Architect as the City's representative during construction shall not be modified or extended without written consent of the City and Architect. Phase F - Additional Services of the Architect If authorized in writing by the City, the Architect shall furnish or obtain from others the additional services of the following types which are not considered normal or customary basic services. These will be paid for as stated in Article v, Compensation for Services. a. Preparation of applications and supporting documents for governmental grants, loans or advances in connection with the project, preparation or review of environmental assessments and impact statements; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the project. b. Providing renderings or models for City's use. c. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction; (2) prolongation of the contract time of any prime contract by more than sixty (60) days; (3) acceleration of the work involving services on a more rapid schedule than stated in Article III; (4) default by any contractor; (5) failure of performance by either the City or contrac- tor. d. Furnishing services of special consultants for other than the normal civil, structural, mechanical and electrical engineering and normal architectural design incidental thereto. e. Assist the client as expert witness in litigation arising from the development or construction of the project and in hearings before various approving and regulatory agencies. f. Preparing documents for alternate bids requested by the City for work which is not executed or documents for out -of -sequence work. g. Preparation of operating and maintenance manuals, extensive assistance in the utilization of any equipment or system, and training personnel for operation and maintenance. h. Revision and redrafts of original contract drawings modified to reflect as -built conditions. Mylar reproducibles of the as-builts shall be provided for the City's files and use. The Architect shall not be liable for use of such documents on other projects. i. Services resulting from significant changes in general scope of the project or its design including, but not limited to, changes in size, complexity and revisions of previously accepted studies, reports, design documents, or contract documents when such revisions are due to causes beyond the Architect's control. j. The City may request the services of a resident project representative and assistants or provide its own representative. If requested from the Architect, they shall be selected, employed and directed by the Architect in order to provide more extensive representation at the project site during the construction phase. The duties and responsi- bilities and the limitations on the authority of the resident project representative and assistants will be set forth in an amendment and made a part of this Agreement before such services begin. The Amend- ment shall include a negotiated fee for these additional services. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the resident project representative and assistants, the Architect shall endeavor to provide further protection for the City against defects and deficiencies in the work, but the furnishing of such resident project representation /519,q PAGE 5 will not make the Architect responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs, subject to the provisions of Article IV below. ARTICLE II. TIME OF COMPLETION a. The Architect will complete the phases of this contract within the following times, not including additional services: Phase A - Schematic Design - The Schematic Design shall be presented o the city for approval within sixty (60) days after signing the contract. PhaseB - Design Develo ment - The Design Development shall be presenhe Ci y or approval within sixty (60) days following Phase A approval. Phase C - Contract Documents - The Contract Documents shall be presen e o e y or approval within sixty (60) days following Phase B approval. Phase D - Biddin - Bidding work shall be completed within forty-five ays o ow ng approval of Phase C. b. The Architect's service under each phase of this contract shall be considered complete when the City has accepted the report of work under each of Phases A, B and C, or thirty (30) days after the date when such submissions are delivered to the City for final acceptance if no written response is received from the City within thirty (30) days. c. The construction phase shall commence with the execution of the first prime construction contract and shall terminate upon written approval by the Architect of final payment of the last prime contract to be completed. d. If the City requests significant modifications or changes in the scope of the project, the time of performance of the Architect's services shall be adjusted appropriately. e. If suspension of work extends for more than one year for reasons beyond the Architect's control, the rates of compensation provided in this Agreement shall be subject to renegotiation. ARTICLE III. GENERAL TERMS 1. This Agreement and each and every portion thereof shall be binding upon the successors and assigns of the parties hereto. Provided, however, that no assignment of this Agreement shall be made without the prior written consent of all parties to this Agreement. 2. It is understood and agreed that the employment of the Architect by the City for the purposes of said project shall be exclusive, but the Architect shall have the right to employ such assistance as may be required for the performance of the project. The Architect shall be responsible for the compensation, insurance and all clerical detail involved in their employment. es to 3. It is informationeneeded d by hfor isaid hproject shalat all lsbenmade lavailable nbyg the City upon request of the Architect. The City agrees to furnish all reasonable assistance in the use of these records and files. 4. No party to this Agreement shall perform contrary to any state or federal law nor ordinances of the City. 5. The Architect agrees to furnish to the City, upon termination of this Agreement and payment of all monies due and upon demand by the City, copies of all notes and sketches, charts, computations and any other data prepared or obtained by the Architect pursuant to this Agreement, without cost and without restriction or limitation as to their use. PAGE 6 6. The Architect agrees to furnish to the City all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 7. The City agrees to tender to the Architect all fees and money in accordance with the schedule that follows, except that failure by the Architect to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment in the amount sufficient to properly complete the project in accordance with this Agreement. B. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 9. Records of the Architect's direct personnel expenses and reimbursable expenses pertaining to the project and records kept by the Architect of accounts between the City and the Contractor shall be kept on a generally recognized accounting basis and shall be available to the City at mutually convenient times. 10. Direct personnel expense is defined as the direct salaries of all the Architect's personnel engaged on the project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 11. All reimbursable outside expenses shalt include actual expenditures made by the Architect, his employees, or his consultants in the interest of the project for the following incidental expenses listed: a. Long distance calls and telegrams. b. Travel expense upon written authorization by the City. c. Expense of reproduction, postage and handling of drawings and specifications, excluding copies for Architect's office use and duplicate sets at each phase for the City's review and approval; and fees paid for securing approval of authorities having juris- diction over the project. d. Fees paid by the Architect for special consultants employed with City's approval. 12. The Architect shall have publication rights to all material produced by the Architect and its consultants consistent with all applicable legal requirements and shall be entitled to retain reproducible copies of all work performed hereunder. 13. All documents including drawings and specifications prepared or furnished by the Architect shall become the property of the City; provided, however, any reuse without specific written verification or adaptation by the Architect will be the City's sole risk and without liability or legal exposure to the Architect. The City shall indemnify and hold harmless the Architect from all claims, damages, loss of expenses, including attorney's fees arising out of or result- ing from reuse. 14. Approval by the City shall not be deemed to be an assumption of responsibility and liability by the City for any defect in the designs, working drawings and specifications or other documents prepared by the Architect, their agents, employees and other subcon- tractors, it being the intent of the parties that approval by the City signifies the City approval of only the general design concept of the improvements to be constructed. 15. The Architect shall not have control of and shall not be responsible for construction methods, sequences or procedures, or for safety precautions in connection with the work, for the acts or omissions of the contractor, subcontractors or other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the contract documents. Although the Architect does 0 PAGE 7 not guarantee performance by the contractors and subcontractors, nothing in this Agreement nor any language used in any contract in connection with this project shall be construed as relieving the Architect from the obligation to perform its duties under this Agreement in a professional and competent manner. 16. The Architect or the City may terminate this contract upon seven (7) days written notice. If the contract is terminated, the Architect shall be paid on the basis of work satisfactorily completed under Phases A, B, C and O and accepted by the City. The percentage of work completed under each phase not yet accepted by the City shall be determined mutually by the City and the Architect. 17. The Architect shall attend such meetings of the City relative to the work set forth in this contract as may be requested by the City. The City shall give reasonable notice of the meetings. 18. The Architect will secure and maintain such insurance as will protect the Architect from claims under worker's compensation acts, claims for damages because of bodily injury including personal injury or death of its employees or of any person other than its employees for which it is directly responsible and for claim for damages because of injury to or destruction of tangible property including loss of use resulting therefrom as well as professional liability insurance. 19. The construction cost shall be the total cost or estimated cost if bids have not been received to the City of all elements of the project designed or specified by the Architect. The construction cost shall include at current market rates, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by the City and any equipment which has been designed, specified, selected or specially provided for by the Architect. Construction cost does not include the compensation of the Architect and the Architect's consult- ants, the cost of the land, rights-of-way, or other costs which are the responsibility of the City as defined in this Agreement. ARTICLE IV. CITY'S RESPONSIBILITIES The City shall be responsible for the performance and completion of the following work items: a. Provide full information as to the City's requirements for the project. b. Assist the Architect by placing at his disposal all available informa- tion pertinent to the project including previous reports and any other data relative to the construction of the project. c. Furnish to the Architect soil testing data, legal descriptions, site survey, and other information not provided under basic services of this contract. d. Guarantee access to and make all provisions for the Architect to enter upon public or private property as required to perform services under this contract. e. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Architect and render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the services of the Architect. f. Give prompt written notice to Architect whenever City observes or otherwise becomes aware of defects in the project. g. Furnish approvals and permits from all governmental authorities having jurisdiction over the project and such approvals and consents from others as may be necessary. h. Furnish or direct the Architect to provide necessary additional services as stipulated in this Agreement. i. Bear all costs incident to compliance requirements of this section and in obtaining bids or proposals from contractors. I i t t ;■ PAGE 8 j. The City shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the contract documents. ARTICLE V. COMPENSATION FOR SERVICES 1. The City agrees to pay the Architect for the services stipulated on the basis of the following fees: a. The Architect shall be compensated based on a percentage fee for Phases A, B, C, D and E of 6.75% of the cost of new construction and 8% of the cost of renovation. The compensation shall be converted to a not -to -exceed fixed fee at the end of the schematic design phase. b. The Architect shall be compensated on the basis of direct personnel expense times a multiplier of 2.5 for additional services, Phase F, with a not -to -exceed fixed fee which is mutually agreed upon. c. Reimbursable outside expenses shall be paid, based on the Archi- tect's actual expenditures, at cost. When using privately owned automobiles, costs shall be computed at 21 cents per mile. 2. The Architect's billing shall not exceed the following percentage of the fixed fee: Phase A - Schematic Design - 20% Phase B - Design Development - 20% Phase C - Contract Documents - 40% Phase D - Bidding - 2% Phase E - Administration of Construction Contracts - 18% 3. The fee for Phases A, B, C, D, E and F does not include reimbursable costs. The City will pay the Architect the actual cost of all reimbursable expenses. 4. If the Architect performs work on this project prior to the execution of this contract, monies expended in this interim period shall be included in the fee listed above. 5. Fees will be due and payable monthly. Accompanying each monthly fee statement, the Architect shall provide a short narrative describing the project status. 6. All provisions of the Agreement where not specifically defined shall be reconciled in accordance with the highest ideals of the architectural profession and those professional ideals as established in the July, 1978 edition of the Code of Ethics and Professional Conduct, AIA Doc. No. J330. ARTICLE VII. AUTHORIZATION NOTICE The City warrants that it is fully authorized by Section 20-20(9) of the Municipal Code of Iowa City to contract with the Architect under this Agreement. The City further warrants (1) that it has satisfied bidding and other legal preconditions to consummating this Agreement as a binding contract between the parties; and (2) that the City has funds which are currently available and duly allocated to fulfill the City's financial obligations under this Agreement. ARTICLE VIII. ENTIRE AGREEMENT This agreement embodies the entire agreement between the Architect and the City. The parties represent that in entering into this Agreement, they do not reply upon any previous oral or implied representation, inducements or understanding of any kind or nature. ■ ;■ PAGE 9 ARTICLE IX. BENEFIT OF AGREEMENT This Agreement is binding upon and shall inure to the benefit of the parties hereto and their heirs, successors, and permitted assigns. ARTICLE XI. VENUE Venue of any suit or cause of action under this contract shall lie in Johnson County, Iowa. I IN WITNESS WHEREOF, the parties hereby have executed th' greement in triplicate originals on this date, the E ', day of 1985. i FOR THE CITY OF IOWA CITY HANSEN LIND MEYER, P.C. yor (ist/ rinc pa City Clerk Pr ncipal STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this 16th day of October 1985, before me, a Notary Public i duly comm -Ts -stoned and qualified in an or said County and State, person- ally appeared John McDonald , Mayor of the City of Iowa City, E and identical �ff eac eing to flieoregoing personally known to be the persons an o tcers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. 'Nciublic to anG Tor Johnson County, Iowa STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this day of of -wv 1985, before me, the undersigned, a Notary Pubpli��c� in and for said Cqunt and State, personally appeared (M^ goys e l�F71R. and E. (i to me er ' known, ho�-Ubetng y e u y'sworn, say is iey are the and respectively, of said corporation; t a no sea has een pros red by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed and sealed on behalf of said orporation by authority of its Board of Directors; and that the said and P_,_._n_CiI40 0 as such officers acknowl- e ge a ex cu on of saidins�men o De e voluntary act and deed of said corporation, by it and by them voluntarily executed. fA1a"t/dao10 ub c n an nson �oun iy, Iowa i II ■ 1 October 16, 1985 The Finance Director of Iowa City, Iowa, met in her office in the Civic Center, Iowa City, Iowa, at 11:00 o'clock a.m., on the above date, to open sealed bids received and to refer the sale of the bonds to the best and most favorable bidder for cash, subject to approval by the City Council at its meeting to be held this afternoon. The following persons were present at said meeting: _Finance Director Rosemary Vitosh: Atty. Ken Haynie; Financial Advisor Wayne Buraaraaff; City Clerk Marian Karr; _City Manager Neal Berlin: Asst. Finance Director Kevin O'Malley; Senior Acct. Terry Kimble; Councilmember Ernie Zuber I i AhleM COd'Iy Da In WW . M.Ih L Alba. IA.Xn. Dn AVFM, M /893 I , .. i i i i I I .. i i i i I I This being the time and place for the opening of said bids for the sale of not to exceed $4,700,000 General obligation Bonds, the meeting was thrown open for the receipt of bids for said bonds. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: Harris Trust and Savings Bank & Associates First National Bank of Chicago & Associates Northern Trust Company & Associates Continential Illinois National Bank & Trust of Chicago & Associates Whereupon, the Finance Director opened the sealed bids received, and the best sealed bid was as follows: Name & Address of Bidder: First National Rank of Chicago & Associates Net Interest Rate: 7.533903 Net Interest Cost: $2.139,628.50 Thereafter the undersigned has awarded the sale of the bonds to said bidder in accordance with said bid on said issue, subject to approval by the City Council. iJQe J -e 7!ee. J City Clerk —2— A 1 Co . '"I.. S .Ih { Alpw. U..m. M AIdM. bx. I 7 i i ■ October 16, 1985 The City Council of Iowa City, Iowa, met in special session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 4:45 o'clock P.M., on the above date. There were present Mayor McDonald , in the chair, and the following named Council Members: Ambrisco, Dickson, McDonald, Zuber Absent: Baker, Strait, Erdahl ANM Cm . Wr*WMt hot. S th i XWm I.w m Dn Abirc,, bn P- M - Zuber introduced the following Resolution entitled "RESOLUTION TO APPROVE THE ACTION OF THE FINANCE DIRECTOR IN THE SALE OF $4,700,000 GENERAL OBLIGATION BONDS," and moved its adoption. Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Dickson McDonald Zuber. Ambrisco Absent: Baker Erdahl Strait NAYS: None. Whereupon, the Mayor declared the following Resolution duly adopted: 85-305 RESOLUTION TO APPROVE THE ACTION OF THE FINANCE DIRECTOR IN THE SALE OF $4,700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received was determined by the Finance Director and said bonds were awarded as follows: $4,700,000 GENERAL OBLIGATION BONDS: Bidder: of the terms of said bid being: SEE MACHED NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: i rim+,. slim L ,uiw,. W. m /00 October 16, 1985 BID FORM - $4,700,000 GENERAL OBLIGATION BONDS Members of the City Council Sale Date: October 16, 1985 Iowa City, Iowa Dated: November 1, 1985 Due: May 1, 1987/1996 Members of the City Council: For all or none of the principal amount of $4,700,000 General Obligation Bonds of your City, legally issued and as described in the Notice of Bond Sale, we will pay the City 4L lof9 6S9,ea Dollars (not less than $4,653,000 ) plus accrued interest on the total principal amount of $4,700,000 to date of delivery, provided the Bonds bear interest ag the following rates: Interest Interest Year Amount Rate Year Amount Rate 1987 $450,000 $,SO 8 1992 $475,000 9,30 9 1988 450,000 x.00 8 1993 475,000 9,Sy 8 1989 475,000 ;i0 8 1994 475,000 1,10 8 1990 475,000 &J90 8 1995 475,000 9.q0 8 1991 475,000 -1,10 8 1996 475,000 140 _% We enclose, herewith, a -Afff*KkRc AF cashier's check in the amount of $94,000 payable to the City. NOT PART OF THE BID Respectfully submitted, Explanatory Note: According to our computation,.this bid The First National Bank of Chicago involves the following: Syn icate Manager Net Interest Cost BY _V IS -33103 0/0 (A list of the firms associated Net Interest Rate with us in this bid is on the ;f hereby the a _4faith Qi receipt d good reverse side of this proposal.) f t t f•• R• f R• R }! R R The foregoing offer is hereby accepted by and on behalf of the City of Iowa City, Iowa, th&s 16th day of October, 1985. F ty o Iowa City City or Iowa city i ,I Section 1. That the bid for the bonds as above set out was determined by the Finance Director to be the best and most favorable bid received and, said action by said Finance Director is hereby ratified and confirmed. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Finance Director are authorized to execute the same on behalf of the City. Section 3. That the notices of the sale of the bonds heretofore given and all acts of the Finance Director done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this 16th day of October , 1985. Mayor ATTEST: Finance Dir for C'?)7-1 a le�� -3- MIM, Cm , Oo 1" 14ynk S Ih a AlIbm UM Oe. Altlrrti, loxa /493 i i CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 16th day of October , 1985. SEAL Cit Clerk, Iowa City, Iowa AhknCw ..Op 1n IWn S %aAr^U�M10.s Win, by /e93 'I I 1 M NOTICE OF BOND SALE Time and Place of Sale: Sealed bids will Ye received at the office of the Finance Director, Civic Center, Iowa City, Iowa, until 11:00 o'clock A.M. on the 16th day of October, 1985, for the bonds herein- after described. At the hour above named all sealed bids which have been received will be referred to the Finance Director for action by her at a public meeting then to be held in the Council Chambers. Sealed bids will be received until the Finance Director declares the time for the filing of sealed bids to be closed. The sealed bids will be opened and the bonds will then be sold by the Finance Director, subject to approval by the City Council at itsmeeting to be held at 4:45 o'clock P.M. on said date in the Council Chambers in the Civic Center to the best and most favorable bidder for cash. The Bonds. The bonds to be offered are the foTTowing: GENERAL OBLIGATION BONDS, in the principal amount of $4,700,000, to be dated November 1, 1985, in the denomination of $5,000 or multiples thereof, and to mature as follows: Principal Maturity Amount May 1st E 450,000 1987 E 450,000 1988 $ 475,000 1989 $ 475,000 1990 475,000 1991 $ 475,000 1992 $ 475,000 1993 $ 475,000 1994 E 475,000 1995 $ 475,000 1996 $4,700,000 Optional Redemption: All of said bonds due after May 1, 1993, will be subject to call prior to maturity in whole or from time to time in part, in inverse order of maturity and within a maturity by lot on said date or on any date 10-4 I 3 NOTICE OF BOND SALE Time and Place of Sale: Sealed bids will Ye received at the office of the Finance Director, Civic Center, Iowa City, Iowa, until 11:00 o'clock A.M. on the 16th day of October, 1985, for the bonds herein- after described. At the hour above named all sealed bids which have been received will be referred to the Finance Director for action by her at a public meeting then to be held in the Council Chambers. Sealed bids will be received until the Finance Director declares the time for the filing of sealed bids to be closed. The sealed bids will be opened and the bonds will then be sold by the Finance Director, subject to approval by the City Council at itsmeeting to be held at 4:45 o'clock P.M. on said date in the Council Chambers in the Civic Center to the best and most favorable bidder for cash. The Bonds. The bonds to be offered are the foTTowing: GENERAL OBLIGATION BONDS, in the principal amount of $4,700,000, to be dated November 1, 1985, in the denomination of $5,000 or multiples thereof, and to mature as follows: Principal Maturity Amount May 1st E 450,000 1987 E 450,000 1988 $ 475,000 1989 $ 475,000 1990 475,000 1991 $ 475,000 1992 $ 475,000 1993 $ 475,000 1994 E 475,000 1995 $ 475,000 1996 $4,700,000 Optional Redemption: All of said bonds due after May 1, 1993, will be subject to call prior to maturity in whole or from time to time in part, in inverse order of maturity and within a maturity by lot on said date or on any date 10-4 I thereafter at the option of the Issuer, upon terms of par plus accrued interest to date of call. Interest: Interest on said bonds will be payable on May 1, 1986, and semiannually on the 1st day of November and May thereafter. Principal and interest will be payable to the office of the City Controller. Registration: The above bonds will be issued in registered form as to principal and interest. The Issuer has designated the City Controller of Iowa City, Iowa, as the initial Registrar. Payments will be made by check mailed to the address of the owner of the bond as of the record date as shown by the records of the Registrar. Payment of principal will be made upon surrender of the Bond. The Issuer will furnish at its expense to each named owner one bond for each annual maturity. Additional bonds in lesser denominations will be furnished if an owner so requests. Not more than fifteen (15) days after the bond sale date the purchaser shall notify the Registrar of the names and tax identi- fication numbers of registered owners to be shown at the initial delivery of the bonds, showing principal amounts for each annual maturity. Otherwise the bonds will be registered in the name of the bidder or in the name of the first participant listed in the bid. Bid Security: All bids shall be accompa- nied by a certified check or a cashier's check drawn upon a solvent bank doing business in the United States, in favor of the City, in the amount of $94,000. The good faith check of the successful bidder will be deposited at the time of award and deducted from the purchase price at the time of closing. If the bidder to whom the bonds are awarded withdraws its bid or fails to complete the purchase in accor- dance with the terms hereof, the Issuer shall have the right in its sole discre- tion to elect to treat the bid security either as liquidated damages or as a credit against the Issuer s claim for /893 3 actual damages occasioned thereby. Checks of unsuccessful bidders will be returned promptly. Form of Bids: All bids shall be uncondi- tional except as provided in this notice, for an entire issue of bonds for a price not less than 99 percent of par, plus accrued interest, and shall specify the rate or rates of interest in conformity to the limitations of the following para- graph. Bids must be submitted on or in substantial compliance with the official bid form provided by the Issuer. The bonds will be awarded to the bidder offering the lowest interest cost, which will be determined by aggregating any permissible discount, if any, with the interest payable by the Issuer over the life of the bonds in accordance with the terms of each bid presented, and deducting therefrom the premium, if any, stipulated in said proposal. Rates of Interest: The rates of interest specified in the bidder's proposal must conform to the limitations following: 1. All bonds of each annual maturity must bear the same interest rate. 2. Rates of interest bid must be in multiples of one-eighth or one -twentieth of one percent. 3. Each rate of interest specified for bonds of any annual maturity shall not be less than a rate of interest specified for any earlier maturity. Deliver The bonds will be delivered, without expense to the purchaser at any mutually acceptable bank and trust company anywhere in the continental United States, against full payment in immediately available cash or federal funds. The bonds are expected to be delivered within thirty days after the sale. Should delivery be delayed beyond sixty days from date of sale for any reason except failure of performance by the purchaser, the purchaser may withdraw his bid and thereafter his interest in and liability for the bonds will cease. (When the bonds are ready for delivery, the Issuer may 4 give the successful bidder five working days notice of the delivery date and the Issuer will expect payment in full on that date, otherwise reserving the right at its option to determine that the bidder has failed to comply with the offer of purchase.) CUSIP Numbers: It is anticipated that CUSIPnumb will be printed on the bonds. In no event will the Issuer be responsible for or Bond Counsel review or express any opinion of the correctness of such numbers, and incorrect numbers on said bonds shall not be cause for the purchaser to refuse to accept delivery of said bonds. Legal Opinion: Said bonds will be sold subject to the opinion of the Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attor- neys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. The opinion will be printed on the back of the bonds. R'ii hts Reserved: The right is reserved to refect any or all bids, and to waive any irregularities as deemed to be in the best interest of the public. By order of the City Council of the City of Iowa City, Iowa. eCT Aot `n ei;71t�YaV2 Iowa City, Iowa /PU i 0 F EVENSEN DODGE, INC. LI N A N C I A L CON5U L:ANt5 TABULATION OF BIDS $4,700,000 General Obligation Bonds , Iowa Dated: November 1, 1985 Due: May 1, 1987/96y of Iowa Bondy Years: 28,400.000 Average Life: 6.04 Splits: 10 Price: Not less than $4,653,000.00 SALE DATE: Wednesday, October 16, 1985 BBI - 9 25 BIDDERS ADDRESS YEAR RATE YIELD Z HARRIS TRUST AND SAVINGS BANK Chicago 1987 5.40 NORWEST INVESTMENT SECURITIES 1988 6.00 PRICE SERVICE, INC. Bear, Stearns 6 Co. Des Moines 1989 6.50 $ 4.654.504 00 Becker 4 Cownie, Inc. Chicago1990 Des Moines 1991 6.80 7.10 InterFirst Bank Dallas, N.A. Dallas 1992 7.25 NIC Mahon, Nugent E Co. American National Bank New York 1993 7.50 $ 2.143.496.00 and Trus[ Company of Chicago Chicago 1994 1995 7.70 7.85 Croake Roberts, Inc. Chicago 1996 8.00 NIR - The First National Bank and Trust Company Oklahoma City 7.5475% Sauerman Securities Inc. Chicago Securities Corporation of Iowa Cedar Rapids 1. THE FIRST NATIONAL BANK 1987 5.50 5.50 PRICE OF CHICAGO Chicago 1988 6.00 6.00 DEAN WITTER REYNOLDS, INC. PAINEWEBBER INC. Chicago 1989 6.50 6.50 $ 4.6 7.8 9 00 SHEARSON LEHMAN BROTHERS, INC. Chicago Chicago 1990 1991 6.80 6.80 Hutchinson, Shockey, Erley d Co. Chicago 1992 7.10 7.30 7.00 7.30 NIC Van Kampen Merritt Inc. Stifel, Nicolaus d Co. Inc. Chicago 1993 7.50 7.50 L2.112-628.00 Charmer Newman Securities St. Louis 1994 7.70 7.70 Div. of The Illinois Co. Inc. Chicago 1995 1996 7.90 7.90 NIR Bacon, Whipple, Division of 7.90 8.10 Stifel, Nicolaus, Inc. Chicago 7,513903% United Missouri Bank of Kansas City, N.A. Kansas City Piper, Jaffray d Hopwood, Inc. Minneapolis M. H. Novick 6 Company Minneapolis 3608 IDS Tower. Minneapolis Minnesota 55402 612/338.3535 800/328-8200 800/328-81DO Minnesota IA27.85A/2 /Irfj tIo I I i BIDDERS ADDRESS YEAR RATE YIELD 3 THE NORTHERN TRUST COMPANY Chicago 1987 5.60 PRICE MERRILL LYNCH WHITE WELD 1988 6.10 CAPITAL MARKETS GROUP Chicago 1989 6.60 $ 4.662.967.00 E. F. HUTTON d CO., INC. Chicago 1990 6.90 GOLDMAN, SACHS 6 CO. Chicago 1991 7.10 NIC CLAYTON BROWN 8 ASSOCIATES Chicago 1992 7.30 DAIN BOSWORTH, INC. Minneapolis 1993 7.50 2,145.108.00 Centerre Bank, N.A. Kansas City 1994 7.70 Shaw, McDermott 6 Co. Des Moines 1995 7.90 NIR ' Dougherty, Dawkins, Strand 1996 8.00 8 Yost, Incorporated Minneapolis 7.55319% A.C. Edwards d Sone, Inc. St. Louis i Laidlaw, Adams d Peck, Inc. New York 1 Stern Brothers 6 Co. Kansas City Merchants National Bank d i i - Trust Co. I Indianapolis 1 (� CONTINENTAL ILLINOIS NATIONAL 1987 5.75 PRICE i i BANK 6 TRUST CO. OF CHICAGO Chicago 1988 6.25 -. PRUDENTIAL-BACHE SECURITIES, INC. Chicago 1989 6.70 S 4,653,047. 0 PAINEWEBBER, INC. Lincoln 1990 6.90 ? LaSalle National Bank Chicago 1991 7.10 NIC Commerce Bank of Kansas City, 1992 7.30 - N.A. Kansas City 1993 7.50 S 2,164-378- 00 Griffin, Kubik, Stephens 8 1994 7.70 Thompson, Inc. Chicago 1995 7.90 NIR The Chicago Corporation Chicago 1996 8.10 Robert W. Baird d Company, Inc. Milwaukee 7.621049% Aid Securities, Inc. Des Moines i i i IOWA CITY CITY COUNCIL SPECIAL MEETING October 16, 1985 4:45 P.M. COUNCIL CHAMBERS Item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH HANSEN LIND MEYER, P.C., FOR ARCHITECTURAL/ENGINEERING SERVICES FOR A NEW ADDITION TO AND ALTERATION OF THE IOWA CITY CIVIC CENTER. Comment: Hansen Lind Meyer, P.C., is the firm selected by the respective committees to provide A&E services for both the new construction and the remodeling projects.' The agreement provides for a not - to -exceed fixed fee of 6.75% of the cost of new construction and 8% of the cost of the remodeling. A copy of the agreement is attached to the resolution. Action: Item No. 3 - CONSIDER RESOLUTION TO APPROVE THE ACTION OF THE FINANCE DIRECTOR IN THE SALE OF $4,700,000 GENERAL OBLIGATION BONDS. Comment: This resolution ratifies and confirms the actions of the Finance Director in the determination of the best and most favorable bid which was received on October 16, 1985, at 11:00 A.M. on the $4,700,000 General Obligation Bonds issue. Action: Item No. 4 - CONSIDER RESOLUTION TO APPROVE THE ACTION OF THE FINANCE DIRECTOR IN THE SALE OF $4,055,000 PARKING SYSTEM REVENUE BONDS. Comment: This resolution ratifies and confirms the actions of the Finance Director in the determination of the best and most favorable bid which was received on October 16, 1985, at 11:00 A.M. on the $4,055,000 Parking Revenue Bond issue. Action: /8f3 ORIGINAL (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: October 16, 1985 Time of Meeting: 4:45 p.m. Place of Meeting: Council Chambers, Civic Center, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $4,700,000 General Obligation Bonds - Resolution to approve the action of the Finance Director in the sale of said bonds. Such additional matters as are set forth on the addi- tional 2 pages(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Iowa City, Iowa AmM' CO ' KIK IV1 1.. Y Ih A -1Y .. Iw' " O MP ' b /0 f_3 1 October 16, 1985 The Finance Director of Iowa City, Iowa, met in her office in the Civic Center, Iowa City, Iowa, at 11:00 o'clock a.m., on the above date, to open sealed bids received and to refer the sale of the bonds to the best and most favorable bidder for cash, subject to approval by the City Council at its meeting to be held this afternoon. The following persons were present at said meeting: Finance Director Rosemary Vitosh• Atty. Ken Haynie; Financial Advisor Wayne Burggraaff; City Clerk Marian Karr City Manager Neal Berlin• Asst. Finance Director Kevin O'Malley; Senior Acct. Terry Kimble; Councilmember Ernie Zuber. -1- Mien Ca , Oo—w t N,e 5.6 a M" i i. i I i j I 2 This being the time and place for the opening of said bids for the sale of not to exceed $4,055,000 Parking System Revenue Bonds, the meeting was thrown open for the receipt of bids for said bonds. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: Clayton Brown & Associates John Nuveen & Co. Incorporated & Associates Whereupon, the Finance Director opened the sealed bids received, and the best sealed bid was as follows: Name & Address of Bidder: John Nuveen & Co. Incorporated & Associates Net Interest Rate: 9.7813 Net Interest Cost: $4,357,601.67 Thereafter the undersigned has awarded the sale of the bonds to said bidder in accordance with said bid on said issue, subject to approval by the City Council. City Clerk -2- µyn. Ce ' D ..t" ".. 5-m L Ml .. 1 This being the time and place for the opening of said bids for the sale of not to exceed $4,055,000 Parking System Revenue Bonds, the meeting was thrown open for the receipt of bids for said bonds. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: Clayton Brown & Associates John Nuveen & Co. Incorporated & Associates Whereupon, the Finance Director opened the sealed bids received, and the best sealed bid was as follows: Name & Address of Bidder: John Nuveen & Co. Incorporated & Associates Net Interest Rate: 9.7813 Net Interest Cost: $4,357,601.67 Thereafter the undersigned has awarded the sale of the bonds to said bidder in accordance with said bid on said issue, subject to approval by the City Council. City Clerk -2- µyn. Ce ' D ..t" ".. 5-m L Ml .. October 16, 1965 The City Council of Iowa City, Iowa, met in special session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 4:45 o'clock P.M., on the above date. There were present Mayor McDonald _, in the chair, and the following named Council Members: Ambrisco, Dickson. McDonald, Zuber Absent: Baker, Strait. Erdahl -1- pp(� .wM. Cir. FUl s ffi & AlbM W. i i i i f i i �I i j I October 16, 1965 The City Council of Iowa City, Iowa, met in special session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 4:45 o'clock P.M., on the above date. There were present Mayor McDonald _, in the chair, and the following named Council Members: Ambrisco, Dickson. McDonald, Zuber Absent: Baker, Strait. Erdahl -1- pp(� .wM. Cir. FUl s ffi & AlbM W. i i 1' i f i i �I i j October 16, 1965 The City Council of Iowa City, Iowa, met in special session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 4:45 o'clock P.M., on the above date. There were present Mayor McDonald _, in the chair, and the following named Council Members: Ambrisco, Dickson. McDonald, Zuber Absent: Baker, Strait. Erdahl -1- pp(� .wM. Cir. FUl s ffi & AlbM W. i I 1.; j: } Ambrisco introduced the following Resolution entitled "RESOLUTION TO APPROVE THE ACTION OF THE FINANCE DIRECTORaIN THE SAL OF $4,055,000 PARKING SYSTEM option REVENUE BOND., seconded the motion to adopt. The roll was called and the vote was, AYES: McDonald Zuber Ambrisco Dickson Absent: Baker, NAYS: None. Whereupon, the Mayor declared the following Resolution duly adopted: 85-306 RESOLUTION TO APPROVE THE ACTION OF THE FINANCE DIRECTOR IN THE SALE OF $4,055,000 PARKING SYSTEM REVENUE BONDS WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as Directorllows andsaidbondswere and the best bid received awardedwas asdetermined by the Finance $4,055,000 PARKING SYSTEM REVENUE BONDS: Bidder: of the terms of said bid being: SEE ATTAM NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITYr IOWA: -2- Ahlen. CowMt Oorveiln lbot Wth t Nlbre. I.w�n Dn AIdrc4 Ian BID FOR14 - $3,855,000 PARKING SYSTEM REVENUE BONDS Members of the City Council Sale Date: October 16, 1985 Iowa City, Iowa Dated: November 1, 1985 Due: July 1, 1986/2003 Members of the City Council: For all or none of the principal amount of $3,855,000* Parking System Revenue Bonds of your City, legally issued and as described in the Notice of Bond Sale, we will pay the City9d$414,� Dollars (not less than $3,787,550) plus accr3nterest on the total principal amount of $3,855,000 to date of delivery, provided the Bonds bear interest at the following rates: Interest Interest Interest Year Amount ppRate Year Amount Rate Year Amount Rate 1986 $ 70,000* 0.9 X 1992 $155,000* 8 0 X 1998 $260,000* .90 X 1987 105,000* X 1993 170,000*a �1999 290,000* y. 0 X 1988 110,000* 1994 185,000* 2000 320,000* cl.Qd X 1989 115,000 1995 200,000* D 1 /0,00 X 1990 125,000* .T X 1996 220,000* 4)..f 2002 380,000 1,1.00 1991 140000* S .S0 X 1997 235,000* 9,a X 2003 425,000* /UcC % We enclose, herewith, a certified or cashier's check in the amount of $77,100 payable to the City. NOT PART OF THE BID Respectfully submitted, Explanatory Note: According to our computation, this bid involves the following: $ 4, 35 7 60% b? Net Interest C3sF 9, 78/3 �Io Net Interest Rate i I I hereby ackno edge receipt of the above- scribed good faith check. JOHN WYEEN & CO. INCORPORATED Syndi,a QManager By ei Paul E. Greenawalt, Vice President' (A list of the firms associated with us in this bid is on the reverse side of this proposal.) The foregoing offer is hereby accepted by and on behalf of the City of Iowa City, Iowa, Is 16th day of October, 1985.98 ity or Iowa City City of Iowa City M SIF.' BID FOR14 - $3,855,000 PARKING SYSTEM REVENUE BONDS Members of the City Council Sale Date: October 16, 1985 Iowa City, Iowa Dated: November 1, 1985 Due: July 1, 1986/2003 Members of the City Council: For all or none of the principal amount of $3,855,000* Parking System Revenue Bonds of your City, legally issued and as described in the Notice of Bond Sale, we will pay the City9d$414,� Dollars (not less than $3,787,550) plus accr3nterest on the total principal amount of $3,855,000 to date of delivery, provided the Bonds bear interest at the following rates: Interest Interest Interest Year Amount ppRate Year Amount Rate Year Amount Rate 1986 $ 70,000* 0.9 X 1992 $155,000* 8 0 X 1998 $260,000* .90 X 1987 105,000* X 1993 170,000*a �1999 290,000* y. 0 X 1988 110,000* 1994 185,000* 2000 320,000* cl.Qd X 1989 115,000 1995 200,000* D 1 /0,00 X 1990 125,000* .T X 1996 220,000* 4)..f 2002 380,000 1,1.00 1991 140000* S .S0 X 1997 235,000* 9,a X 2003 425,000* /UcC % We enclose, herewith, a certified or cashier's check in the amount of $77,100 payable to the City. NOT PART OF THE BID Respectfully submitted, Explanatory Note: According to our computation, this bid involves the following: $ 4, 35 7 60% b? Net Interest C3sF 9, 78/3 �Io Net Interest Rate i I I hereby ackno edge receipt of the above- scribed good faith check. JOHN WYEEN & CO. INCORPORATED Syndi,a QManager By ei Paul E. Greenawalt, Vice President' (A list of the firms associated with us in this bid is on the reverse side of this proposal.) The foregoing offer is hereby accepted by and on behalf of the City of Iowa City, Iowa, Is 16th day of October, 1985.98 ity or Iowa City City of Iowa City M l�^ Section 1. That the bid for the bonds as above set out was determined by the Finance Director to be the best and most favorable bid received and, said action by said Finance Director is hereby ratified and confirmed. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Finance Director are authorized to execute the same on behalf of the City. Section 3. That the notices of the sale of the bonds heretofore given and all acts of the Finance Director done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this 16th day of October 1985. Mayor ATTEST: Finance Ditlector LI ty Clerk A�m Cu ,, Dor 1" lytic, 5m 6 MU,, IrMeM1 On Male. bn Section 1. That the bid for the bonds as above set out was determined by the Finance Director to be the best and most favorable bid received and, said action by said Finance Director is hereby ratified and confirmed. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Finance Director are authorized to execute the same on behalf of the City. Section 3. That the notices of the sale of the bonds heretofore given and all acts of the Finance Director done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this 16th day of October 1985. Mayor ATTEST: Finance Ditlector LI ty Clerk A�m Cu ,, Dor 1" lytic, 5m 6 MU,, IrMeM1 On Male. bn CIG -3 4-85 CERTIFICATE _ STATE OF IOWA ) - SS COUNTY OF JOHNSON i -- I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, I and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 16th day of October 1985. ty Clerk, Iowa City, Iowa SEAL i i i i ( AM,n Car . I .In ,".. 5M1h 6 Atl . tM l O WH , bm My I : 7 A $3,795,000 PARKING SYSTEM REVENUE BONDS CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA SALE DATE: OCTOBER 16, 1985 Proceeds of this Bond sale will provide the City with the funds to defease the City's $5,200,000 Parking Facilities Revenue Bonds, Series 1978 (the refunded bonds). The outstanding principal balance on the refunded bonds is $4,730,000. The proceeds of the bonds together with $148,000 of cash provided by the City will be used to purchase securities to fund an escrow account which will defease the old bonds. The primary purpose of the refunding is to remove a restrictive covenant in the bond resolution of the refunded bonds which requires that the net revenues of the City's parking facilities be at least 150% of the.annual debt service requirements on the bonds. The resolution for the refunding bonds will require only a 125% coverage requirement. The primary purpose of the re- funding is to remove the restrictive covenant, however the City will also achieve a net savings of $48,551 in debt service costs over the term of the issue. The lower coverage requirement of 125% will lower revenue requirement by approxi- mately $150,000 annually. Should the City construct another downtown parking facility in the future, annual revenue requirements could be reduced by up to $300,000. These lower revenue requirements will impact. significantly on the City's ability to keep parking fees as low as possible in the future. I a� NOTICE OF BOND SALE Time and Place of Sale: Sealed bids will e receive at the office of the Finance Director, Civic Center, Iowa City, Iowa until 11:00 o'clock A.M. on the 16th day of October, 1985, for the bonds herein- after described. At the hour above named all sealed bids which have been received will be referred to the Finance Director for action by her at a public meeting then to be held in the Council Chambers. Sealed bids will be received until the Finance Director declares the time for the filing of sealed bids to be closed. The sealed bids will be opened and the bonds will then be sold by the Finance Director, subject to approval by the City Council at its meeting to be held at 4:45 o'clock P.M. on said date in the Council Chambers in the Civic Center to the best and most favorable bidder for cash. The Bonds. The bonds to be offered are t e o owing: PARKING SYSTEM REVENUE BONDS, in the maximum principal amount of $4,055,000, to be dated November 1, 1985, in the denomination of $5,000 or multiples thereof, and to mature as follows: Principal Maturity Amount* July 1st $ 70,000 1986 $ 105,000 1987 $ 110,000 1988 $ 115,000 1989 $ 125,000 1990 $ 140,000 1991 $ 155,000 1992 $ 170,000 1993 $ 185,000 1994 $ 200,000 1995 $ 220,000 1996 $ 235,000 1997 $ 260,000 1998 $ 290,000 1999 $ 320,000 2000 $ 350,000 2001 $ 380,000 2002 $ 425 000 2003 X855,060 Page 2 *The City reserves the right to increase the issue size by no more than $200,000 on the day of sale. If the issue size is adjusted, the purchase price will be adjusted proportionately, and no single maturity will be adjusted by more than $20,000 Optional Redemption: All of said bonds due after July 1, 1995, will be subject to call prior to maturity in whole or from time to time in part, in inverse order of maturity and within a maturity by lot on said date or on any interest payment date thereafter at the option of the Issuer, upon terms of par plus accrued interest to date of call. Interest: Interest on said bonds will be payable on July 1, 1986, and semiannually on the 1st day of January and July thereafter. Principal and interest will be payable at the office of the City Controller. Parity Bonds: The City reserves the right and privilege to issue addi- tional revenue bonds from time to time payable from the same source, ranking on a parity with the bonds herein authorized, in order to pay the cost of future extensions and improvements to said Municipal Parking Facilities System, but that before any such bonds ranking on a parity are issued, there will have been procured a statement of an independent Certified Public Accountant, not a regular employee of the City, reciting the opinion, based upon necessary investiga- tions, that the net revenues of the Municipal Parking Facilities System, for the preceding fiscal year (with permitted adjustments) were equal to at least 1.25 times the maximum amount that will be required in any fiscal year prior to the longest maturity of any of the then outstanding bonds for both principal of and interest on all bonds then outstanding which are payable from the net earnings of the System and the bonds then proposed to be issued. Registration: The above bonds will be issued in registered form as to principal and interest. The Issuer has designated the City Controller of Iowa City, Iowa as the initial registrar. Payments will be made by check mailed to the address of the owner of the bond as of the record date as shown by the records of the Registrar. Payment of principal will be made upon surrender of the Bond. The Issuer will furnish at its expense to each named owner one bond for each annual maturity. Additional bonds in lesser denominations will be furnished if an owner so requests. Not more than fifteen (15) days after the bond sale date the purchaser shall notify the Registrar of the names and tax identification numbers of registered owners to be shown at the initial delivery of the bonds, showing principal amounts for each annual maturity. Otherwise the bonds will be registered in the name of the bidder or in the name of the first participant listed in the bid. Bid Security: All bids shall be accompa- nied by a certified check or a cashier's check drawn upon a solvent bank doing business in the United States, in favor of the City, in the amount of $77,100. The good faith check of the successful bidder will be deposited at the time of award and deducted from the purchase price at the time of closing. If the bidder to whom the bonds are awarded withdraws its bid or fails to complete the purchase in accor- dance with the terms hereof, the Issuer shall have the right in its sole discre- tion to elect to treat the bid security either as liquidated damages or as a credit against the Issuer's claim for actual damages occasioned thereby. Checks of unsuccessful bidders will be returned promptly. Form of Bids: All bids shall be uncondi- toni el excepi as provided in this notice, for an entire issue of bonds for a price not less than $3,787,550, plus accrued interest, and shall specify the rate or rates of interest in conformity to the j - i Page 4 limitations of the following paragraph. Bids must be submitted on or in substan- tial compliance with the official bid form provided by the Issuer. The bonds will be awarded to the bidder offering the lowest interest cost, which will be determined by aggregating any permissible discount, if any, with the interest payable by the Issuer over the life of the bonds in accordance with the terms of each bid presented, and deducting therefrom the premium, if any, stipulated in said proposal. Rates of Interest: The rates of interest specified in the bidder's proposal must conform to the limitations following: 1. All bonds of each annual maturity must bear the same interest rate. 2. Rates of interest bid must be in multiples of one-eighth or one -twentieth of one percent. 3. Each rate of interest specified for bonds of any annual maturity shall not be less than a rate of interest specified for any earlier maturity. Delivery: The bonds will be delivered, without expense to the purchaser at any mutually acceptable bank and trust company anywhere in the continental United States, against full payment in immediately available cash or federal funds. The bonds are expected to be delivered within thirty days after the sale. Should delivery be delayed beyond sixty days from date of sale for any reason except failure of performance by the purchaser, the pur- chaser may withdraw his bid and thereafter his interest in and liability for the bonds will cease. (When the bonds are ready for delivery, the Issuer may give the successful bidder five working days notice of the delivery date and the Issuer will expect payment in full on that date, otherwise reserving the right at its option to determine that the bidder has failed to comply with the offer of purchase.) CUSIP Numbers: It is anticipated that CUSIP numbers will be printed on the bonds. In no event will the Issuer be MY I ■ Page 5 1 responsible for or Bond Counsel review or express any opinion of the correctness of such numbers, and incorrect numbers on said bonds shall not be cause for the purchaser to refuse to accept delivery of said bonds. Legal opinion: Said bonds will be sold subject to the opinion of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attor- neys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. The opinion will be printed on the back of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, Iowa. City Clerk of the City of Iowa City, Iowa /89r EVENSEN DODGE, INC. rIN A%CIAI CONSULTANTS TABULATION OF BIDS $3,855,000 Parking System Revenue Bonds Dated: November 1, 1985 Due: July 1, 1986/03 City of Bond Iowa City, Iowa Years: 44,549.997 Average Life: 11.56 Splits: 18 Price: Not less than $3,787,550.00 SALE DATE: Wednesday. October 16 1985 BBI 9.25 BIDDERS ADDRESS YEAR RATE YIELD 2 CLAYTON BROWN 6 ASSOCIATES Chicago 1986 8.75 PRICE SMITH BARNEY, HARRIS UPHAM 1987 8.75 6 CO, INCORPORATED Chicago 1968 8,75 $ 3.787.856.14 RIDDER, PEABODY b CO. Chicago 1989 8.75 Aid Securities Corp. Des Moines 1990 8,75 NIC Chiles, Heider d Co. Omaha 1991 8.75 Hutchinson, Shockey, Erley d Co. Chicago 1992 8.75 & 4.505.757.67 j Kirchner, Moore d Co. Denver 1993 9.00 I Miller 6 Schroeder Municipals 1994 9.25 NIR Inc. Minneapolis 1995 9.50 Van Kampen Merritt, Inc. Naperville 1996 9.70 70.1139% ' 1 Bacon, Whipple, Division of 1997 9.90 Stifel, Nicholaus 8 Co., Inc. Chicago 1998 10.00 The Chicago Corporation Chicago 1999 10.25 Cronin 6 Marcotte, Inc. Minneapolis 2000 10.25 First Mid America, Inc. Chicago 2001 10.25 The Illinois Company, Inc. Chicago 2002 10.25 2003 10.25 1 JOHN NUVEEN 8 CO. INCORPORATED Chicago 1986 8.50 6.25 PRICE DAIN BOSWORTH INCORPORATED Minneapolis 1987 8.50 6.75 SECURITIES CORPORATION OF IOWA Cedar Rapids 1988 8.50 7.25 $ 3.789,465.00 SHAW, McDERMOTT b CO. Des Moines 1989 8.50 7.75 BECKER d COWNIE, INC. Des Moines 1990 8.50 7.90 NIC Blunt, Ellis 8 Loewi, Inc. Chicago 1991 8.50 8.10 Piper, Jaffray d Hopwood, Inc. Minneapolis 1992 8.50 8.30 S 4.'+_57-601.67 Chanter Newman Securities 1993 8.50 8.50 Div. of The Illinois Company 1994 8.75 8.75 NIR Incorporated Chicago 1995 9.00 9.00 - Columbian Securities, Inc. Chicago 1996 9.25 9.25 R.C. Dickinson 8 Co. Des Moines 1997 9.50 9.50 _9.7813% 1998 9.70 9.70 1999 9.80 9.80 2000 9.90 9.90 2001 10.00 10.00 2002 10.00 10.00 2003 10.00 10.00 3608 IDS Tower, Minneapolis Minnesota 55402 I 612"338.3535 800/328-8200 800/328-8100 Minnesota IA27.85A/1 � G/ -tin • �% IOWA CITY CITY COUNCIL SPECIAL MEETING October 16, 1985 4:45 P.M. COUNCIL CHAMBERS Item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH HANSEN LIND MEYER, P.C., FOR ARCHITECTURAL/ENGINEERING SERVICES FOR A NEW ADDITION TO AND ALTERATION OF THE IOWA CITY CIVIC CENTER. Comment: Hansen Lind Meyer, P.C., is the firm selected by the respective committees to provide ME services for both the new construction and the remodeling projects.' The agreement provides for a not - to -exceed fixed fee of 6.75% of the cost of new construction and 8% of the cost of the remodeling. A copy of the agreement is attached to the resolution. Action: Item No. 3 - CONSIDER RESOLUTION TO APPROVE THE ACTION OF THE FINANCE DIRECTOR IN THE SALE OF $4,700,000 GENERAL OBLIGATION BONDS. Comment: This resolution ratifies and confirms the actions of the Finance Director in the determination of the best and most favorable bid which was received on October 16, 1985, at 11:00 A.M. on the $4,700,000 General Obligation Bonds issue. Action: I Item No. 4 - CONSIDER RESOLUTION TO APPROVE THE ACTION OF THE FINANCE DIRECTOR IN THE SALE OF $4,055,000 PARKING SYSTEM REVENUE BONDS. Comment: This resolution ratifies and confirms the actions of the Finance Director in the determination of the best and most favorable bid which was received on October 16, 1985, at 11:00 A.M. on the $4,055,000 Parking Revenue Bond issue. Action: /9Y i � 1i I' 3,1 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The Finance Director of Iowa City, Iowa. Date of Meeting: October 16, 1985 Time of Meeting: 11:00 a.m. Place of Meeting: Office of Finance Director, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned Finance Director will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: - Opening of sealed bids for $4,055,000 Parking System Revenue Bonds Such additional matters as are set forth on the addi- tional 2 pages(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. 1u�.n.w Io{,�: City Clerk, wa City, Iowa ORIGIMA� (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING ORIGINAI- Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: October 16, 1985 Time of Meeting: 4:45 p.m. Place of Meeting: Council Chambers, Civic Center, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $4,055,000 Parking System Revenue Bonds Resolution to approve the action of the Finance Director in the sale of said bonds. Such additional matters as are set forth on the addi- tional 2 pages(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Iowa City, Iowa Mon. Co oon...In Hry S t M" t ,, O Ab Nn, I 14 RESOLUTION NO. 85-307 A RESOLUTION of intent to dispose of a portion of Peterson Street lying south of its intersection with Arbor Drive in Iowa City, Iowa. WHEREAS, an ordinance has been presented to the City Council of the City of Iowa City, Iowa, proposing to vacate certain City -owned street right-of-way described as follows: Commencing at the southwest corner of the northwest fractional quarter of Section 18, Township 79 North, Range 5 West of the 5th Principal Meridian; thence north 00043'39" west, (A Recorded Bearing) along the west line of said northwest fractional quarter of Section 18, 1052.00 feet; thence north 00043'39" west, along said west line, 54.00 feet, to the northwest corner of Parcel 3 of the plat of survey, recorded in Plat Book 19, at page 84, of the Records of the Johnson County Recorder's Office, which is the Point of Beginning; thence, north 86059'26" west, along the northerly line of said Parcel 3, 19.43 feet, to a point which is 25.00 feet normally distant easterly of the easterly line of Part 11A Court Hill, an Addition to the City of Iowa City, Iowa, as recorded in Plat Book 9, at page 40, of the Records of the Johnson County Recorder's Office; thence north 00056'18" west, along a line parallel with the east line of Part 11A Court Hill Addition, 211.29 feet; thence south- easterly, 26.17 feet, along an 85.00 foot radius curve, concave northeasterly, whose 26.07 foot chord bears south 51025120" east, to a point on the west line of said northwest fractional quarter of Section 18; thence south 00043'39" east, along said west line, 196.04 feet, to the Point of Beginning. Said tract of land contains 0.09 acres more or less, and is subject to easements and restric- tions of record; and WHEREAS, in the event that said proposed ordinance be enacted, and upon its effective date said property be vacated, the same shall be deemed to be excess City property, suitable for disposition; and WHEREAS, Hallmark Homes, Inc. has proposed the vacation of said portion of Peterson Street right-of-way so that it may acquire the east half of said right-of-way and combine it with Lot 16 of the proposed Vista Park Village Subdivision to meet minimum lot area requirements; and WHEREAS, the City Council of the City of Iowa City, Iowa has been advised and does believe that it would be in the best interest of the City of Iowa City to consider said proposal for the disposition of said City -owned property. MY i iI ;I F Ya NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Council does hereby declare its intent and proposal to dispose of the east half of the above-described City -owned street right-of-way, consisting of 3,920 square feet, upon the enactment of the City ordinance vacating same, o_T57 ark Homes, Inc. for the sum of $ 100.00 ; and AND BE IT FURTHER RESOLVED That a Public Hearing on said proposal be set for October 22, 1985, and that the City Clerk be and is hereby authorized, empowered and directed to cause Notice of Public Hearing to be published as provided by law relative to the proposal herein above set forth. It was moved by Ambrisco and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 16th d of October 1985. "YOR ATTEST: WIT LLhKKfir fE A .rove:; !�i al epo:tnioni J89S ME