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Home My WebLink About2020-06-08-Resolution 2020-212_Material Removal Agreement, 28253 U AveTHE CITY OF WAUKEE, IOWA RESOLUTION 2020-212 APPROVING AGREEMENT WITH GREATER DES MOINES HABITAT FOR HUMANITY, INC. RELATED TO DISPOSAL OF PROPERTY (28253 U AVENUE) IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City has undertaken the 10' Street widening project north of Hickman Road which requires the demolition and removal of the structures and contents located at 28253 U Avenue, Waukee, Iowa; AND, WHEREAS, the City desires to reduce cost, reduce the disposal of the waste associated with the demolition and the environmental impacts associated with such disposal while mitigating to the extent possible the amount of material resulting from the demolition; AND, WHEREAS, the City had previously undertaken efforts to mitigate the impacts by offering the structures for removal to the highest bidder and published notice and developed a process for the receipt and consideration of bids, however no bids were received; AND, WHEREAS, Greater Des Moines Habitat for Humanity, Inc. has expressed an interest in removing material from the structures prior to demolition and removal of the structures to avoid the disposal of such material in the landfill thereby reducing costs and the environmental impacts associated with the disposal of said structures. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa on this 8t' day of June, 2020 that the agreement with Greater Des Moines Habitat for Humanity, Inc. related to the disposal of property located at 28253 U Avenue attached hereto as Exhibit A is approved. �J Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman X R. Charles Bottenberg X Chris Crone X Larry R. Lyon X Ben Sinclair X MATERIAL REMOVAL AGREEMENT This Material Rcmoval Agreement is entered into this 44+k day �YOn¢ 2020 by and between the City of Waukee, Iowa ("City"), an Iowa municipal corporation, and Greater Des Moines habitat for Humanity, Inc., an Iowa corporation ("Habitat"). Hereinafter said parties may be referred to collectively as the "Parties." WHEREAS, the City has undertaken the 10"' Street widening project north of Hickman Road which requires the demolition and removal of the structures and contents located at 28253 U Avenue, Waukee, Iowa; AND WHEREAS, the City, as part of the project, will incur the costs of demolition, removal and disposal at the City's designated landfill; AND WHEREAS, the City desires to reduce cost, reduce the disposal of the waste associated with the demolition and the environmental impacts associated with such disposal while mitigating to the extent possible the amount of material resulting from the demolition; AND WHEREAS, the City had previously undertaken efforts to mitigate the impacts by offering the structures for removal to the highest bidder and published notice and developed a process for the receipt and consideration of bids, however no bids were received; AND WHEREAS, Habitat has expressed an interest in removing material from the structures including but not limited to the material identified on Exhibit A, which is attached hereto and incorporated herein by this reference; AND WHEREAS, Habitat proposes to undertake said removal and avoid the disposal of such material in the landfill thereby reducing costs and the environmental impacts associated with the disposal of said structures, AND WHEREAS, the Parties have agreed to proceed as set forth in this agreement. In consideration of the mutual promises, covenants and requirements set forth herein, the receipt and sufficiency of which is acknowledged by both parties, the parties agree as follows: OBLIGATIONS OF HABITAT 1. Habitat agrees that it will salvage and remove the equipment and material from the strictures, including but not limited to the material and equipment identified on Exhibit A from the property located at 28253 U Avenue, Waukee, Iowa; 2. Habitat agrees that its undertakings will be done in an efficient and environmentally responsible manner and used and disposed of in the manner Habitat sees fit; 3. Habitat agrees to complete the work no later than June 11, 2020; 4. Habitat will have in place general liability and work comp insurance covering liabilities associated with the presence and activities of Habitat and it's staff and volunteers utilized to undertake the work at 28253 U Avenue, Waukee, Iowa; 5. Habitat agrees to minimize the impact on the property by taking appropriate safety measures and precautions; 6. Habitat agrees to clean up the site following their recovcry/salvage operations from the premises; 7. Habitat agrees to assure the safety of its staff and volunteers while on the premises. 8. That all the work undertaken b_v Habitat in accordance with this agreement will be done at no cost and expense to the City. OBLIGATIONS OF CITY 1. The City will allow Habitat reasonable access to the property located at 28253 U Avenue, Waukee, Iowa, until June 11, 2020; 2. The City agrees to allow Habitat to remove and take possession of the equipment and material on the Property it is able to salvage including but not limited to the material and equipment identified on Exhibit A as set forth herein; 3. The City, recognizing that the structures located on the property are scheduled for demolition after June 11, 2020, understands that it is responsible for removal of said structures, junk and equipment that remain on the property following Habitat's work in accordance with this Agreement. By: Ilud Lainson, Donor Relations Manager Date: % , 2020 2 STATE OF IOWA, COUNTY, ss: On this day of �L- 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Hud Lainson, to me personally known, who being by me duly sworn, did say that the person is the Donor Relations Manager of Greater Des Moines Habitat for Humanity, Inc., an Iowa corporation, and that the instrument was signed on behalf' of said company by authority of its Board of Directors; and that said person acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the company and by it voluntarily executed. RHONDsA J. KRMEY C*RW*WM MOVIA.r n4": MY cm"wMan AUVW1� M� CITY OF WAUKEE, IOWA Notary Public in and for the State oY Iowa My Commission expires L' t ' �- _'l By �`�. s --- - Mayor Date: -TLj q e? , 2020 STATE OF IOWA, DALLAS COUNTY, ss: On this day of '14 o' , 2020, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke, to me personally known, who, being by me duly sworn, did say that she is the Mayor of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. )Ou ?t) passed by the City Council on the day of J� , 2020, and that Courtney Clarke, as such officer, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by her voluntarily executed. ,•"` �� REBECCA D. SCHUETT el, T- Commission Number 716496 M t' UMy Commission Expires 4 Q+' May 13, 2023 No ary Public in and for the State of Iowa 44 interior and exterior doors 1 set oak pocket doors 4 ston-n doors Approximately 900 feet oak base Approximately 1600 feet oak door trim Fireplace Fireplace mantel Approximately 40 feet stair- rail 24 cabinets I boiler 2 water heaters I window air conditioner 2 garage doors 2 garage openers I large window 1 medium sized window l garden tractor and spreader I egress window enclosure 4 granite slabs Several additional windows 2 sump pumps EXHIBIT A 4 C.rr( c f` I-1-e,, Date: Donor Name: Donor Address: fi' 5 3 A u City, state A''c X-C, E 1A This letter will serve as our agreement to selectively deconstruct and remove material @ DonorAddress The following summarizes our understanding of the assignment: DESCRIPTION OF WORK The object of this project is to use deconstruction to salvage as much material as possible in accordance with the agreement contained herein. The cost to the donor to complete the work in question is $ 0. Specifically, Habitat for Humanity Restore staff and volunteers will be utilized to salvage the agreed upon materials in an efficient and environmentally responsible manner. The materials recovered will be used to support the mission of Greater Des Moines Habitat for Humanity. It is understood that removal of any and all hazardous waste currently located on the property, is the responsibility of the Owner, or contractor separate and apart from this agreement and not the responsibility of HABITAT RESTORE. Furthermore, it is understood that the owner will communicate any and all materials they wish to keep with HABITAT RESTORE prior to the beginning of the project, unless otherwise specified and agreed upon in writing before commencement of work. The scope of the deconstruction services may be adjusted by HABITAT RESTORE based on the condition of the materials once the deconstruction process begins. The work will commence on (- I O -Z,o and be completed that day, 2 o r"I - �o , SUBMITTALS Upon completion of the project HABITAT RESTORE will provide to Owner: • A donation receipt for the materials in the name of the owner with a description of the types and approximate quantities of materials that were recovered. EXECUTION: HABITAT RESTORE will: • Safely remove recovered, salvaged, and recycled materials in an efficient and orderly manner. • Ensure all items salvaged from the project will be removed from the property by the end of the day. • 0 Protect salvaged materials from contamination by garbage and non -salvageable debris. • Work in accordance with the wishes of the donor to protect and minimize impact on all property by taking appropriate safety measures and precautions. • Engage in post -deconstruction clean-up activities. INSURANCE: • HABITAT RESTORE will supply, at the property owner's request, a certificate of insurance for liability covering HABITAT RESTORE and naming as additional insured, the property owners. TERMS: • Donor fully agrees without reservation to donate the following materials agreed upon to Greater Des Moines Habitat Restore: Arrgzu 1-iq ItliYRtOR y r_7i0K 9-s s 1 c160 F15E: n'P,,� c3Rs� QSLa t U t t- R —�Vt2_ +- t rl b O C..> G CSt RG C>Ca iZ5 GA.�°s�� 1 L- A sZ.G. W N D 0 LO I �Ai~b�h1 RAc o2 s Piz Eh111_�r rz F c>K�ss w t*isao w EuC� rss u Donor agrees to the terms and conditions above. Hud Lainson Donor Relations Manager Name of Property Owner Property Owner (Signature and date signed) 0