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HomeMy WebLinkAbout13- Fischer Access Agreement for sub-slab depressurization system ACCESS AGREEMENT Mr/Ms Fischer Mr/Ms as Owner(s) of property located at — 610 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. 1. 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 Owner(s) 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: Les and Sandra Fischer 610 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 the 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. "Y Date: Owner I'Printed Name /J 4-1 S 1'gr re C ev Date: Owner - Printed' Name Signature C,Q41�� Date: G f 3-City of Bozeman Chris A. Kukulski, City Manager 3 LIVING ROOM STORE BATH ROOM UTILITY UP ............... CLO. CLO. to LIVING ROOM BEDROOM BEDROOM JI O W !6 1. 1',.lht M Im.]-lk P.4 .17ETRATECH 7,ludl..lN­l­bl41lercd­1 0­'"TWuced Mt out the pror—n—1—T TETRA TECH A­�­l,llb­o.­d w I W" 7ET"TECH d­W ef-r­­M—,d­.nla d., hetl,�,­d,ftM.,r,made­h­TETRA TE��Hj�o,, p,...I September 30,2013 VAPOR MONITORING FISCHER RESIDENCE POINT LOCATED SUB-SLAB DEPRESSURIZATION SYSTEM EXTRACTION, PIPING 0 EXTRACTION POINT LOCATED AND VAPOR MONITORING POINTS EXHIBIT A a S ... .,� ��, '`"i. �a� ti a � r( vo a ..� �' a `�, � �� � �� �� �� �--�• � � �- � � ,�. � q`� �,} � ��-- �� �. �. �� :�= �.�. Exhibit B ELECTRICAL COSTS e a cu z 6 -12 � CIA c� (D �6 a m c _ o 0 ��CU N 76 C Z f) L N C Q7 .O LC N ° W cs vi U [Y] c'q r Ul d] • ........a) 3: O Lo {- .0 O r u) 0 4. 6 (LS C ll9 cn NUW _ Co Q r r C'7 m l°••' h m 1`- r•-. 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Forecast-Chart.com's historical research covers Energy Inflation Rate data back to January,1958 The average annual inflation rate in energy prices during that period of history was 4.92%a.The highest rate was 47.131%.The lowest rate was-28.09%. The high was attained in the 12 months ended in April of 1980.The low was achieved in the 12 months ended in August of 2009. Recent rates experienced in the 12 months ended in July of 2013 are similar to the historical 4.92%average This page provides a five year chart and a forecast for the US Energy Inflation Rate For links to longer term charts,look at the links under the five year chart (above).One fink opens a ten year chart.Another opens our longest term graph on the Energy Inflation Rate Just one glance at Forecast-Chart com's long term charts can provide tremendous insight into the historical trends of the financial markets. The US Government's inflation economics policy attempts to control inflation. High inflation and negative inflation(deflation)can have damaging effects on the economy. Commentary 6092 c ENERGY INFLATION RATE June,2013 Data: The forecast for the US Energy Inflation Rate Is in the table at the top of this page.Forecast-Chart.com is forecasting that Energy Inflation Rates will be roughly 15.48%over the next year.The table shows a HDTFA of 12.87%which suggests that the inflation rate for energy prices in the US for the 12 months ending July,2014 could easily fall between 28.34%and 2.61%.Links to Forecasts for many other economic indicators may be found at the top of this page The energy price index used in this article is the Consumer price Index for All Urban Consumers:Energy,hereinafter referred as the energy price index Annual US Energy Inflation Rate Last Month 19,9% Last Year.... .. . .. 31% Last 5 Years 2-7% Last lOYears 7.2% Last 20 Years 4.9% http://forecast-chart.com/inflation-usa-energy.html 91612013 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 MT 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 AC � CERTIFICATE OF LIABILITY INSURANCE 110/01/2013 DATE(MM,DDdYYYY) ....�- 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 policy(les)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, CADE RASMUSSEN INSURANCE 'UNLIMITED PHONE 406-5$6-1$1$ 'FAX 703 VW MENDENHALL ADDRESS. CARE MTINSURANCEUNLIMITED.COM BOZEMAN, MT 59715 INSURER(S)AFFORDING COVERAGE NAIL# INSURERA AUSTIN MUTUAL INSURANCE COMPANY __..__._m.... INSURED ._._- v.._._..... .. INSURER B: DON DICKSON INSURER C: TRIPLE R MITIGATION INSURER 0: 6640 SYPES CANYON RD INSURER Ea BOZEMAN MT 59715 1 INSURER F: —........_.... 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 THE 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 .. --....._��6-6L fFe POLfCY NUMBER MMLI(,'lYYYY MM nD1YYYY ._.-. LIMITS �. LTR GENERAL LIABILITY EACH OCCURRENCE 51,000,000 A BP 1731015 09/12/13 09/12/14 oPMAGETOREITTE—D X COMMERCIAL GENERAL LIABILITY PREMISES LEa occurrence S1 0 000 CLAIMS-MADE 1XI OCCUR MEOEXP(Any one person) s5,000 PERSONAL 1,ADV INJURY $1,000,000 GENERAL AGGREGATE 52,000 000 POLICY LOG � ......._._._. PRO- PRODUCTS-comp/oPAGO 52--- --- ----- ........ ...-- - GENLAGGREGATELIMITAPPLIESPER I, AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A BA 1924640 09/12/13 09/12114 -COMBINE 5300,000 ANY AUTO ''...� .BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS (Peracdclent) S UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 EXCESS LIAR CLAIMS-MADE AGGREGATE ...5 �.._^.. DED RETENTIONS - ....^ $ WORKERS COMPENSATION AND EMPLOMERS'LI BILITY YIN ANY PROPRIETOR/PARTNEWEXECUTIVE 0 NIA E.L.EACHACCiDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) ! E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S it I DESCPJPT10N OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if&Wore space is required) CERTIFICATE HOLDER CANCELLATION Lesley and.Sandra Fischer SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 610 St.Andrews Drive THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Bozeman, Montana 5971$ ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CADE RASMUSSEN 0 1 988-201 0 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Printed by CCR on October 01,2013 at 08:43AM °v UP a 1A NW BEDROOM L=I — t I UTILITY ROOM d � U 2' Q © WEST BEDROOM Y n m 'm y C , UP z FAMILY ROOM m BEDROOM NOTES: BEDROOM 1, EXTRACTION PIPE RUNS VERTICALLY UP WET WALL BETWEEN LAUNDRY AND BATHROOM INTO ATTIC AND THROUGH THE ROOF, _j nN a HOMEOWNER REVISED EXHIBIT-A ACKNOWLEDGEMENT INITIALS d� trfv T,=g 3c 4%u'nam+d ce +letl e d9anal IffiHs p .fTETRl TEQH ,­1%.d 0 p wcM mVVhOLt ihR'y 4 lee M Of TETRA TECH APdgVml 'Ifh. amed TR ,, pY pv�:p.pp rvialr[ran TECH a...rps:,,r,ppmvEouwwammthrx datvrnennsdemr ameanpn pr mmarclnnn us mama wOnlpe vETRn recH.wrftp app,p+-al Nt1Y2C17be1"$m 2013 VAPOR MONITORING POINT LOCATED ELLEHER RESIDENCE SUB-SLAB DEPRESSURIZATION 0 EXTRACTION POINT LOCATED SYSTEM EXTRACTION, PIPING AND VAPOR MONITORING POINTS FIGURE 1 O z Jal I I I z up 0 _-Ir-------- ---- NOTES 1. SEE NOTE ON FIRST FIGURE. 2. PIPING IN GARAGE TO RUN VERTICALLY INTO ATTIC AND THEN HORIZONTAL TO NORTH EAST END OF ATTIC AND THEN THROUGH GABLE END. 1 LATERAL LINE IN ATTIC ROOF VENT. nN HOMEOWNER REVISED EXHIBIT-A ACKNOWLEDGEMENT(INITIALS) N If TZT�TCCH An­7­1 Il h,tea Mined n"="I"'�­­%'� t,' T t, wpe'f,p,po—Wft.pmpt.TETRA TECH Ow,mt Ap p m f,­m nt lh—do—,yy ft, U,, r 1-13t3l'111— 0 TETRA TE C H.mh­ pp­1 November 5,2013 A VAPOR MONITORING POINT LOCATED KELLEHER RESIDENCE SUB-SLAB DEPRESSURIZATION 0 EXTRACTION POINT LOCATED SYSTEM EXTRACTION, PIPING mww G POINTS AND VAPOR MONITORING mw E:w FIGURE 2 TETRA TECH] I ' 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 agreement's for mitigation system installation in the Bridger Creek Phase III to be signed and processed for reimbursement to homeowner. Ship via:. ❑ PedEx: Priority El UPS: Priority ❑ USPS Mail: Regular Other:. Hand delivered to engineering receptionist. d. iy F ,g Yt, Tetra Tech 859 8aiefg;eo-C)rdv0,SwW 6, Bozeman MT, 59715 Tel 406.582.8780 Fax 406.587.8790 www.retratec11,coin