HomeMy WebLinkAbout13- Bowen Access Agreement for sub-slab depressurization system ACCESS AGREEMENT
Mr/Ms Bowen Mr/Ms as Owner(s) of property
located at — 972 St. Andrews Dr. (Property) grant the City
of Bozeman (City), and its authorized consultants, and contractors access to the Property, including the
interior of the house, as reasonable and necessary to design, install, operate and maintain a sub-slab
depressurization system (System) consistent with Exhibit A or other mitigation measures which may
include, but are not limited to, sealing any cracks and penetrations in the slab or foundation of the
home.
I. Grant of Access. Owner(s) grant the City access reasonably necessary to design, install,
monitor, and test the System and other mitigation measures (Permitted Activities). Thereafter
the City shall have access to the Property at least twice per year, but not more than four times
per year, to monitor and maintain the System, or as needed to repair or replace any System
components.
2. Term of Agreement. This Agreement shall be in effect for ten (10) years from the date of
execution. If the Parties agree it may be extended by any number of successive five (5) year
terms. If the Agreement is not extended beyond its fixed term it shall continue year to year
thereafter until terminated by either party.
3. Notice. The City shall contact Owners) to arrange for access to the Property as provided for
here. Owners agree not to tamper with the System or to allow any person not approved by the
City to tamper with or work on the System. In the event maintenance or repair is needed
Owner(s) agree to notify the City as provided for here or as may be altered in writing:
City Contact: Attn-. City Engineer
20 East Olive Street
PO Box 1230
Bozeman, IVIT 59771-1230
Owner: Caroline Bowen
972 St. Andrews Dr.
Bozeman, IVIT 59715
4. Design. Prior to installation the City shall provide Owner(s) with final design plans and shall
obtain Owner(s)' written approval to proceed. The System will be designed and installed to
maximize effectiveness with minimal impact to the Property.
5, Insurance and Indemnification. Also prior to installation, City's contractor(s) will be required
to provide City with evidence of adequate commercial general liability coverage naming the
Owner(s) as additional insured(s) on a primary non-contributory basis. The City shall be
responsible for any damage to the Property caused by the installation of the System or other
mitigation measures and agrees to fully repair any such damage.
6. Installation Costs. The City shall ensure that no liens or encumbrances related to the System
are placed on the Property and shall be responsible for all costs associated with the design and
installation of the System or other mitigation measures,
2
7. System Ownership. The City shall own the System and shall be responsible for the cost of
monitoring, operating and maintaining the System until otherwise agreed by the Parties or until
this Agreement is terminated as provided herein.
8. Electrical Costs. Upon System installation the City shall pay Owner(s) a lump sum to cover
projected cost of operating the System for the term of this Agreement based on the present
value of the costs of operating the System for 10 years as shown in Exhibit B and should this
Agreement be extended beyond the fixed term the City shall pay the Owner(s) an additional
lump sum payment for the costs of operating the System for the term of any such extension until
this Agreement is terminated.
9. Termination. At any time 60-days prior to the end of any Agreement term then in effect either
party may, upon 60-days written notice to the other, terminate this Agreement. Upon
termination, unless otherwise agreed to by the parties, the City of Bozeman agrees that it will, at
the request of the Owner either convey the entire system to the owner or disconnect electrical
service to the System and remove ft any components of the System requested by the Owner,
and repair any damage to the Property that might have been caused in connection with any of
the Permitted Activities, and to the extent reasonably possible return the Property to the
condition it was in before Permitted Activities were conducted.
10. Binding on Successors. This Agreement is binding on the Parties and any person succeeding
to the Parties' respective interests including agents, tenants, heirs, and assigns. Owner agrees
to disclose this Agreement to any person or entity holding or accepting any interest in the
Property. If the Property is rented, Owner(s) shall provide City with a copy of Exhibit C, "Tenant
Acknowledgment" executed by any existing or future tenants.
11. No Admissions. Nothing in this Agreement may be construed as an admission of liability or as
a waiver or release of any claim of defense that either Party may have related to vapor intrusion
at the Property or otherwise,
Date
Owner - Printed Name
Signature
Date:
Owner - Printed Name
Signature
Date: City of Bozeman
Chris A. Kukulski, City Manager
3
Exhibit C
TENANT ACKNOWLEDGEMENT
(Tentant's Name), agree to cooperate with and
allow the City of Bozeman (City), its consultants and contractors to enter the property and dwelling I
lease from , Owner(s)/Landlord, located
at (address) in Bozeman IVIT to design, install,
monitor, operate, and maintain a sub-slab depresserization system and other measures for the purpose
mitigating subsurface vapor intrusion. I have been provided with a copy, of the Access Agreement
entered in to between Owner and City for the same purpose and agree to comply with all applicable
terms.
Date:
Owner - Printed Name
Signature
A R" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD�YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pohcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAME:CT CADE RASMUSSEN
INSURANCE UNLIMITED PHONNE 406-586-1818 arc Np;406-586-8881
703 UV M'ENDENHALL ADDRESS: CARE MTINS'URANCEUNLIMITED.COM
BOZEMAN, MT 519715 INSURERISI AFFORDING COVERAGE NAIC#
INSURERA:AUSTIN MUTUAL INSURANCE COMPANY _.
INSURED —._...._..._ ._,._...,.._..
INSURER B:
DON DICKSON INSURER O:
TRIPLE R MITIGATION INSURER D.
6640 SYPES CANYON RD INSURER E:E:
_........_._. _ ._. _........ _
BOZEMAN MT 59715 INSURER P:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THt°POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE __..m........_.ADtS'C"ST! POLICY EFF i PM/DDf EXP-—
LTR POLICY NUMBER MM1'DDIYYYY MMIDDIYYYY LIMITS
GENERAL LIABILITY I EACH OCCURRENCE $1.000,000
A BP 11'31015 09/12113 09112114 bAM I=I(JKVN1ED _..
COMMERCIAL GENERAL LIABILITY PREMISES(Ea occu[rence S100,000
...�CLAIMS-MADE L"'1 OCCUR MED EXP(Any one person) $5.000
F_ _...__._.._._._..,._..._.._. ..._._..,. ..........._...,.,_. PERSONAL&ADV INJURY S1,000,000
GENERALAGGREGATE 52,000,000
GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS.-COMPIOPAGG.. $2,000,000
POLICY 112101 17LOC $
A
AUTOMOBILE 13A 1924640 09112/13 09/12114 COMBINED lSIuGLELIMIT 300,000
ANYAUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED ...... __ __ .........
AUTOS AUTOS , BODILY INJURY(Per acadent) $,,,
NON-OWNED PROPERTY DAMAGE
HIRED AUTOS AUTOS Per aocidenl) S
5
UMBRELLA ILIAD OCCUR EACH OCCURRENCE $
EXCESS LJAB CLA.IMS,MADE AGGREGATE S
CEO RETENTION$ S
WORKERS COMPENSATION WC STA,TU-
AND EMPLOYERS'LIABILITY YIN _.. TORY LIMN
ANY PROPRIETORIPARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $
OFFICEPJMEMBER EXCLUDED? -... —..--. .....
(Mandatory in NHI.. E.L.DISEASE-EA EMPLOYE S
If yes,descnbe under — ...
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
i
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks.Schedule,if more space is required)
CERTIFICATE HOLDER CANCELLATION
Caroline Bowen SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
972 St. Andrews Drive THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Bozeman, Montana 59718 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
CADE RASMUSSEN
O
1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
Printed by CCR on October 01,2013 at 08:43AM
to
LIVING ROOM
BATH STORE
ROOM
UTILITY
..........
CLO.
CEO.
< V LO.
LIVING ROOM BEDROOM
BEDROOM
NOTES:
1, EXTRACTION PIPING RUNS
HORIZONTALLY TO EAST END OF
UTILITY ROOM THROUGH RIM JOIST
ALONG WEST WALL OF GARAGE THEN
VERTICALLY TO INTO ATTIC AND
THOUGH THE ROOF.
nN
o HOMEOWNER REVISED EXHIBIT-A ACKNOWLEDGEMENT(INITIALS)
0. -MilDlVq 191 lilft 11191A w*pli,CW TETRA TECH Th.iid,.i,,__'
-py p',_TEIRA TECH 11 appme of �Otl�Pltff 1-0it lf7ETRA TECH
�41,�TETRA TECH.lid.,pp I
a — November 5,2013
VAPOR MONITORING FISCHER RESIDENCE
A POINT LOCATED SUB-SLAB DEPRESSURIZATION
SYSTEM EXTRACTION, PIPING
Tt
0 EXTRACTION POINT LOCATED AND VAPOR MONITORING POINTS
EXHIBIT A
September 25, 2013
Les and Sandra Fischer
610 St. Andrews Dr.
Bozeman, MT 59715
Subject: Access Agreement for Installation, Operation and Maintenance of Sub-slab
Depressurization System and Other Mitigation Measures
Dear Mr. and Ms. Fischer :
Previously you granted the City of Bozeman and its consultants access to your house to conduct indoor
and sub-slab testing as part of an ongoing vapor intrusion study conducted to evaluate the possible
migration of constituents, 'including volatile organic compounds (VOCs), from the Bozeman Landfill into
surrounding properties.
The results of that testing have been evaluated and the City is now recommending and seeking
permission to install a sub-slab depressurization system or other possible measures to mitigate against
any vapor intrusion that may be occurring from underground sources.
This voluntary agreement has been prepared for the purpose of granting the City, its consultants, and
contractors access to your house and property as needed to complete the design and installation of a
sub-slab depressurization system or other mitigation measures. Before executing thil_agreement you
are asked to review the terms carefully with your own representatives.
If you have any questions during this process please don't hesitate to contact Rick Hixson, City
Engineer at 406-582-2280 or Kirk Miller of Tetra Tech at 406-461-0234.
Sincerely,
Rick Hixson, City Engineer
Transmittal Letter
To: Rick Hickson From: Tetra Tech Inc.
Company: City Engineer - City of Bozeman Date: November 11, 2013
Address: 20 East Olive Street Project No.: 114-710303A.200
P.O. Box 1230
Bozeman, MT 59771
Re:
Please find enclosed:
4 copies of Access Agreements for Mitigation System Installation
copies of
copies of
copies of
copies of
Comments:
Please find four (4) signed access agreements for mitigation system installation in the Bridger Creek
Phase III' to be signed and processed for reimbursement to homeowyrner,.
Ship via:
FedEx: Priority
UPS: Priority
(❑ USPS Mail: Regular
Other: Hand delivered to engineering receptionist.
NO -1 a Sri �� Nr')A-ril,.
9
Tetra Tech
851 Sridger Dr,ve,Suiae 6, Bozenizin M1, 597 fl S
Tei 406.562.8780 Fax 406.582.8790 w, ,, tckrac�cd7.c:a°at