HomeMy WebLinkAbout13- Kelleher Access Agreement for sub-slab depressurization system ACCESS AGREEMENT
Mr/Ms Kelleher Mr/Ms as Owner(s) of property
located at — 485 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, biA Awt 'Mogg
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
3re,11Je,uA_
Owner: _-&Pefr4efl and Abi Kelleher
485 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.
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.
'2
V/Z
Owner - Printed Name
............ Vi)
Signature
Date:
Owner - Printed Name
Signature
Date: City of Bozeman
Chris A. Kukulski, City Manager
3
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UTILITY ROOM
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_d w� TEMA TECH does rol approve of or wolfhdoo If'HY ol��t]ll pdkod��10 TETRA TECH,mMen kRproVaR September 20,2013
A VAPOR MONITORING POINT LOCATED KELLEHER RESIDENCE
SUB-SLAB DEPRESSURIZATION
0 EXTRACTION POINT LOCATED SYSTEM EXTRACTION, PIPING
AND VAPOR MONITORING POINTS
FIGURE 1
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P
- -- - ---- - ---
0
NOTES
t PIPING TO RUN VERTICALLY FROM BASEMENT
UTILITY ROOM THROUGH MAIN FLOOR LAUNDRY
�2 ROOM AND THEN INTO ATTIC.
2. PIPING IN GARAGE TO RUN VERTICALLY INTO
ATTIC AND THEN HORIZONTAL TO NORTH EAST
END OF ATTIC AND THEN UP THROUGH ROOF.
3. LATERAL LINE IN ATTIC ROOF VENT.
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September 20,2013
A VAPOR MONITORING POINT LOCATED KELLEHER RESIDENCE
SUB-SLAB DEPRESSURIZATION
0 EXTRACTION POINT LOCATED SYSTEM EXTRACTION, PIPING
AND VAPOR MONITORING POINTS
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Home I Install an Attic Fan � Keep Papes from Freezing LIED Light Bulb Savings Comparison I Electrical Products I About CJs
Commonly Used Devices
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USA Energy Inflation Forecast Pagel ol`6
Fo •il charts and an.aksis-
F
1
FOR ECASTIC HART.(3 X
IM
I'l Rate ForecrI4 stock Markel Forecast Real F:roan Forecasi Etrhant,,e Rate Forecast Economic Forecast
USA Energy Inflation Forecast
USA Energy Inflation Rate Forecast
Target Month Forecast L"L)LL' Forecast for the USA Energy inflation Rate fcr the year
August 2014 15 71% 12,80% ending in the target month indicated based on the
Consumer i Index for All Urban Consumers
Updated Monday,August 26,2013 Energy,not seasonally adjusted
Inflation Rate for All Urban Consumers:Energy-5 Year History
30%
2D%
10%
0%
-10%
-20%
troy 112009 112010 12011 112012 1/2013 112014 1/15-30%
Annual US Inflation Rate for Energy is plotted monthly in gray(Consumer Price Index for All Urban
Consumers Energy).The forecast for the target month is shown in green Other links related to this
economic indicator are below
Inflation Rate Forecast:Energy 10 Year Chart-CPI.Energ
US Inflation Rate Forecast 53 Year Graph-Consumer Price Index.-,Energy
Inl ion.Food,Energy,Housing,Medical etc,
Current Analysis&Forecast:US Energy Inflation Rate
Commentary 6092 e
ENERGY INFLATION RATE
July,2013 Data:
The fcrecastfcr the US Energy Inflation Rate is in the table at the top of this
page.Forecast-Chart.com is forecasting that Energy Inflatfon Rates will be
roughly 15.71%over the next year The table shows a HDTFA of 12.80%which
suggests that the inflation rate for energy prices in the US for the 12 months
ending August,2014 could easily fall between 28.51%and 2.91% Links to
Forecasts for many other economic;indicators may be found at the top or 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 once index
Annual US Energy Inflation Rate
Last Month -2.6%
Last Year. .....43%
Last 5 Years 2 4%
Last 10 Years ...... ...... 7.2%
Last 20 Years 4,9%
Annual Energy Iriffation Rate.Highs&Laws
High(Last 12 Months) 43% (July,2013)
Low(Last 12 Months) -8.9% (August,2012)
High(Since January,1958) 47.1✓ (April,1980)
Low(Since January. 1958) -28.1% (August,2009)
The annual Energy Inflation Rate for the 12 months ended in July,2013 was
4.75%.That's 1.57%percent higher than the 12 months ended in June,2013
which inflated at a rate of3.18%-It is 10.34%percent higher than the 12
months ended in July,2012 which inflated at a rate of-5.59%- The rise in
inflation rates from June to July indicates that the short term Inflation trend in
energy prices has been up.If that trend continues,we should see an inflation
rate for the 12 months ended in August,2013 that is close to 6,32W
The USA Energy Inflation Rate one year ago was-5.59%.Over the last year,
http://forecast-chart.com/inflation-usa-energy.htmi 9/6/2013
USA Energy Inflation Forecast Page 2 of 6
inflation in the energy price inaex was i ne average rate over ine iasi-iu
years was 7.20% Lower inflation over the last 12 months compared to the
average inflation over the last 10 years serves as an indicator that the long
term trend in the Energy Inflation Rate is down.hriflaticn,expectations should be
adjusted accordingly.
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%.The highest rate was 47.13% 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 Finks to longertemn charts,look at the links under the five year chart
(above).One link opens a ten year chart Another opens our longest term
graph or 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 a
ENERGY NFLATION 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%o 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........ .... 3.2%
Last 5 Years 2.7%
Last 10 Years.................72%
Last 20 Years 4,9%
http://forecast-chart.com/inflation-usa-energy.htm] 9/6/2013
AIC" CERTIFICATE OF LIABILITY lNSURANCE DATE(MMIDDIYYYY)
--�- ' 09/16/2.013
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($),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(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 NAAME CT CADE RASMUSSEN _
INSURANCE UNLIMITED PHONE .406-586-1818 FAAIG Ne:406-586-8$81
703 V1!MENDENHr�ALL AEQDRESS: CADS MTINSURANCEUNLIMITED.CUM
BOZEMAN, MT 5971 5 INSURERS AFFORDING COVERAGE NAICk
INSURERA AUSTIN MUTUAL INSURANCE.COMPANY
INSURED INSURER 8:
DUN DICKSON
INSURER O
TRIPLE R MITIGATION _
INSURER D:
6640 SYPES CANYON RD INSURER E:
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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE 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.
..
POLICY Err POLICYEXP � ......._
1478 TYPE OF INSURANCE DDL, BR. POLICY NUMBER MMIDDMYY MMIDDIYYYY LIMITS _.-. ...
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
A x SP 1731015 09!12113 09/12f14 DAM AU TCAENTE0
7X COMMERCIAALGENERALLIA8ILITY PREMISES EaoccurrenCe 5100,000
CLAIMS-MADE l'"I OCCUR M..ED EXP(Any one person) 55,000 ..
....
...
PERSONAL&ADVINJURY...... $1,000,000
................_ GENERAL AGGREGATE 1 52,000,000
GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS•COMPlOP AGCs s2,000,000
POLICY I I PRO- LOG S
AUTOMOBILE LIABILITY SCHEDULED 09/12/14 COMBINED SINGLE LIMIT 5300,000
ANY AUTO BODILY INJURY(Per person) S
A ; BA 1924640 09/12113 II __ ..
AUTOS X AUTOS BODILY INJURY(Per academy $
_. ._ -
NON:-OWN£O PROPERTY pAMAGE
HDRED AUTOS AUTOS (Per accrdanl) 5
�I
UMBRELLA LIAR H OCCUR EACH OCCURRENCE $
_,AGGREGATE
EXCESS LIAR CLAIMS-MADE E .. ...
! 'i 5 _
DIED I RETENTIONS
$
WORKERS COMPENSATION I WCSTATU- CTH-
AND
NY ROPRIEERS'LIABILITY M1I
OFFICER/MEMBER EXCLUDED?
E L.EACH ACCIDENT $
p NIA' �.
(Mandatory in NH) ! E L DISEASE-EA EMPLOYE 5
Dyes describe under E L..DISEASE-POLICY LIMIT 5
ESCRIPTION OF OPERATIONS below
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Add tiional Remarks Schedule,K more space is required)
Certificate Holder is named as Additional Insured
CERTIFICATE HOLDER CANCELLATION
I3renden and AN Kelleher SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
485 St,Andrews THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Bozeman, MT 59715 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 September 16,2013 at 09:24AM
TETRATECH
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 homeowner.
Ship via:
® FedEx: Priority
El UPS: Priority
LISPS Mail: Regular
® Other: Hand delivered to engineering receptionist.
rtarG tr!G;tr�, w:"1ur1iri { are �Y t.krcr«f�lr,, m ay B'knvikrgo ' n ld- utrkm r aIGwi. Any
('4 tIN by tit° „i Plan ihQ prohHbi�t'v -taxi K lay h'c� urd w•JO 14 yF�aGi ,�rtu
m f+su,r;tx'=rEO9rad c;,,;rpnr.,�ik„ C t7 Yit.kk'7to.ahon EwVJ �.aYl'fy,a.:;ws'eriia,a lia ;9y.
Tura Tech
85� 8ridger Dl we,Suite 6,Bozeman MT, 5971,5
Tel 406.582.8780 Fax 406.582.8790 ww ,w,tcu at.ch.corr