HomeMy WebLinkAboutA006 - Resolution No. 17-153 adopted March 28, 2017 RESOLUTION NO. 17-153
RESOLUTION APPROVING COST-SHARING AND ESCROW AGREEMENTS FOR
2016/17 U.S. HIGHWAY 69 IMPROVEMENTS PROGRAM
(SOUTH DUFF AVENUE SAFETY AND ACCESS PROJECT)
FOR THE CITY OF AMES
WHEREAS, on October 11, 2016, the City Council approved plans and specifications for
the 2016/17 U.S. Highway 69 Improvements Program (South Duff Avenue Safety and Access
Project) from South 5" Street to the Squaw Creek Bridge; and,
WHEREAS,on November 22,2016,the Council accepted the report of bids and delayed the
award of the project to allow staff time to work with Walmart and Hunziker to finalize an equal-
share funding agreement and a cross-access easement agreement on Walmart's property; and,
WHEREAS,this proj ect involves the installation of a raised median between South 5"Street
and the Squaw Creek Bridge,a new traffic signal approximately one-eighth of a mile south of South
5`" Street, and the reconfiguring Walmart's west parking lot area along with its South Duff Avenue
frontage to allow for cross-access for the east side businesses; and,
WHEREAS, staff worked with the city attorney and representatives from Hunziker and
Walmart corporations (the developers)to draft a funding agreement that reflects the increased cost
from the bid received on November 16, 2016; and,
WHEREAS, the agreement obligates the City,Hunziker, and Walmart to an equal share of
the local match; and,
WHEREAS, staff can approve up to 20% in change orders before requiring City Council
approval,which follows City of Ames purchasing polices;if change orders were to exceed the agreed
budget amount, the City will need to cover all additional costs; and,
WHEREAS,Walmart insisted on establishing an escrow account and agreement for deposit,
management, and withdrawal of the developer's funds; and,
WHEREAS, this escrow will be through First National Bank in Ames, and an escrow
agreement containing specific terms also needs Council's approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that the Cost-Sharing and Escrow Agreements with Hunziker and Walmart for the construction phase
of the 2016/17 U.S. Highway 69 Improvements Program (South Duff Avenue Safety and Access
Project) are hereby approved.
ADOPTED THIS 281h day of March, 2017.
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Gartin
Seconded by: Orazem
Voting aye: Corrieri, Gartin,Nelson, Orazem
Voting nay: Beatty-Hansen, Betcher Absent: None
Resolution declared adopted and signed by the Mayor this 28th day of March, 2017.