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HomeMy WebLinkAbout13- Beebe Access Agreement for sub-slab depressurization system October 11, 2013 William & Katharine Beebe 825 St. Andrews Dr, Bozeman, Mt 59718 Subject: Access Agreement for Installation, Operation and Maintenance of Smb-slab Depressurization System and Other Mitigation Measures Dear � Previously you granted the City of Bozeman and its consultants access 10 your house to conduct indoor and sub-slab testing as part of an ongoing vapor intrusion study conducted to Gma|usde the possible migration of constituents, including volatile organic compounds (VOCs), from the Bozeman Landfill into eurroundingp[o,perfiea. The results of that testing have been evaluated and the City is now recommending and seeking permission to imoto0 a sub-slab depressurization system or other possible measures to mitigate against any vapor intrusion that may be occurring from underground 000rces. 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 sub-slab depressurization system or other mitigation measures. Before executing this agreement vou are asked to review the terms carefully with your own representatives. If you have any questions during this process please don't h88iUaN* to contact Rick Himson' City Engineer et4UO-5O2-228Oo[ Kirk Miller af Tetra Tech ot408-4O1-O234. Sinoemg[y, Rick Hi#oon, City Engineer ACCESS AGREEMENT Mr/Ms William Beebe Mr/Ms Katharine Beebe as Owner(s) of property located at 825 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, MT 59771-1230 Owner: William & Katharine Beebe 825 St. Andrews Dr. Bozeman, Mt 59718 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 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. Wii,Z-I J Date:_ Owner- Printed Name 7-4Z4,<51-,e ,,,%rhitu're Date:— Owner- Printed Name Signature Date: City of Bozeman Chris A. Kukulski, City Manager 3 Exhibit C TENANT ACKNOWLEDGEMENT (Tenant'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 depressurization 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 P P PONY WALL 4" BALL VALVE uj FOOTING m Y O UTILITY UPa. CRAWLSPACE TO OPEN BASEMENT OPEN BASEMENT 0 NOTES CRAWLSPACE TO 1. RESIDENCE HAD EXISTING EXTRACTION POINT IN UTILITY OPEN BASEMENT ROOM AND PIPING FROM CEILING UP INTO ATTIC. CONNECTED EXTRACTION POINT TO CEILING PIPING AND INSTALLED FANTECH HP 220 IN ATTIC. PIPING EXITS AT EAST END GABLE a THROUGH A DRYER VENT. EXTRACTION PIPING RUNS FROM EXTRACTION POINT TO WESTERN CRAWLSPACE,A 4"BALL VALVE WAS INSTALLED BEFORE 3" PERORATED POLY PIPE. PERFORATED PIPE LAID UNDER 15MIL POKY WHICH IS SEALED TO FOOTINGS.ALSO INSTALLED 15MIL POLY IN SMALLER CRAWLSPACE ON SOUTH EAST PORTION OF HOUSE. 3 E N nN a HOMEOWNER REVISED EXHIBIT-A ACKNOWLEDGEMENT(INITIALS) d rttf Gawir. Ih tarmm T,H d...tM 'p al Mp duct al TETRA TECH Tm dr .a, b ah A aetl <G.ed.cpdW iAk th p'P wnit M rTETRA TECH An n!%y IIL relalmed by TETRA TECH Ilhe"Fpcak.capY for purpezea aP.h'ap<olncR.TETRA TECH dons nalapprovealnr wra1-t these dec—M.ilanyaltprsliom.pr mod'fica.innoa.madewithaut TETRA December 11,2013,'. VAPOR EXTRACTION PIPE BEEBE RESIDENCE (IN CRAWLSPACE) SUB-SLAB DEPRESSURIZATION b VAPOR MONITORING SYSTEM EXTRACTION, PIPING POINT LOCATED AND VAPOR MONITORING POINTS 0 EXTRACTION POINT LOCATED EXHIBIT A a a} C z a 7 0 m fr UTILITY lz CRAWLSPACE TO OPEN BASEMENT L!P I�a I' OPEN BASEMENT a ea s� n CRAWLSPACE TO OPEN BASEMENT m R. ' NOTES U, 1. EXACT PLACEMENT OF VAPOR EXTRACTION PIPES TO BE DETERMINED. g LOCATION SHOWN IN PLAN IS FOR 2 REFERENCE ONLY. nNE wm- u w b � xn�arn�w. ¢mrm,.o-ra�d,H�,flamaa nokwmdwsm¢TETRA TECx.rnrsdmWrw—rv9 d. c. d.r.vaea nrrswrve—e wsHS.ttw a+m. ­atrFrpnMt i.�or�rv��..�r�u,reua.,Aa Sp L /y r�y� M TETRRtEGH da Q6M'roCard imtN'Cm.pucpswx.of q}b prel®q.TEYRA YEC,H d4ex reotapprwm M pr vwmrnrit psesy gnp,i�rgy k yrN�,WHeafbRmr ha4RfcoYtirt h mmtla v.111rowt YETRh TECH'x vrtNSery ampmval. eptember 30,2013 VAPOR EXTRACTION PIPE BEEBE RESIDENCE (IN CRAWLSPACE) SUB-SLAB DEPRESSURIZATION VAPOR MONITORING SYSTEM EXTRACTION, PIPING POINT LOCATED AND VAPOR MONITORING POINTS 0 EXTRACTION POINT LOCATED EXHIBIT A Co 0 Z m Ix _r_ C14 w C: 0) I z cz Ma 2 C: Ir uj C m 2 0 .Q A (D rn r- — 0 Nl m o 7j-V _Z6 r- :7 Z) Lu co m0 n CL (D 0 in 0 cn U) 0 D SRS (D (D w CD 0 am 18A 1.10 M M to LO M M CO V) 0� c! (6 CN cc) (D 'o C, o 0 m C,4 1,� 00 co m m o co 'r �n Zo o 6s 69� 64 V�l 691 64 61> 75 eu to W Mu E W (D r= 0 > a. m W C 0 Ul w LU qa CD o E E .r :p 4) IL w 0 U) w Electricity cast for Laser submitted device Page 1 of ag" Horne I Install an Attic Fan I Keep Pipes from Freezing I LED Light Bulb Savings Coma a6son I Electrical Products I About Us Commonly Used Devices 60 Watt incandescent Light Bulb Computer System Drip Coffee Maker .(warm) Oven at 350 deg'rees 100 Watt Incandescent Light Bulb Computer System(sleep mode) Electric Blanket Space Heater(portable) Compact Fluorescent Lamp drip Coffee Maker(brew) Furnace Fan LCD HP_TV-47 inch Clothes Dryer Oxygen Concentrator at 3.0 LPM Microwave Oven LHighest,Setting) LCD Monitor-22 Inch Device Name: ©epressurization Fan � Cost Per Flour $0.009859 869 Wattage of Device: 1 0 C— Cost Per Clay: $0.236624 Kilowatt Flour Gast: 65729..—.�.._ _...�._n.. �. Cost.Per Week: $1.666 Flours of use per day: ,24 �v�� Cost Per Month: $6.63 Calculate Cost Cost Per Year: $86,13 Copyright 2008-2013,Spectrum Research lnc. http://www.electricity-usage.com/Electricity-Usage-Calculator.aspx?Device=Dlepressurizati... 9/6/2013 Electric Monthly Default Supply Rates Page ➢ of I Nrw Ralle Cfftmilvr.Wl�a Seplomber, l,2013 LlLctric Residential Electric Lighting Elfr.-alvc bake, Change Effeclive Date PrireIKV)h C Ila,I q V. 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S 0 0 i 73 0 1 20 i 3 5,0 r.Cj,:7 fQ 0 000', Auvust0i 20'13 i 0 SfO Cii],10339) S 0 X*607 Sepl8mi'e,0 1 21)13 Sr,,052��'J,' 5 C,(100504 ja.;,�a cwr-, po�usi,j 12 ln."Wh malw;! H!t. ;umr-iIvo qo cu"A,., rKIIII'A rN rAVE oj--,I"'od JP�,Jll NlhE N,i rY f.s 1111 pu�;,',6h�i. �t d,o.I-Ily t4 ' ivi";up http://custom.northwesternenergy.com/forms/efecmonthly.asp 916/2013 USA Energy Inflation Forecast Page I of 6 Alba;Ut U5 FOR ECAST0 IART.F")'rdr� Fol ell afld analyslis... fol Ratv Forecti-st Stock Ni Forecast Beat Estate Forceast FxijhamL�e Hate l'orevaq1 1"concirilic l USA Energy Inflation Forecast USA Energy Inflation Rate Forecast Target Month Forecast D FA H Forecast for the USA Energy Inflation Rate for the year -—1— August 2014 15.71% 12.80% ending in the target month indicated based an the Consumer Price Index for All Urban Consumers Updated Monday,August 25,2013. Energy,not seasonally adjusted Inflation Rate for All Urban Consumers:Energy-5 Year History 30% 20% 10% 0% -10% -20% ims 112009 1/2010 112011 112012 1/2013 172014 1115-30% Annual US Inflation Rate for Energy is platted moribly in gray(Consumer Price Index Urban Consumers Energy) The forecast for the larget month is shown in green Other links related to this economic indicator are below Inflation Rate Forecast:Energy 10 Year Chart•CPI-Energy US Inflation Rate Forecast 53 Year Gmeh-Consumer Price Ener M Inflation:Food,Ener Housing.U—ii—I-f, Current Analysis&Forecast:US Energy Inflation Rate Commentary 6092 e ENERGY INFLATION RATE July,2013 Date: 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 15-71%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 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 -2L6% Last Year...... 4-7% Last 5 Years 24% Last 10 Years. ......—......7.2%, Last 20 Years 4.9% Annual Energy Inflation Rate:Highs&Lows High(Last 12 Months) 41% (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 higherthan the 12 months ended in June,2013 which inflated at a rate of 3.18%.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 6.32% The USA Energy Inflation Rate one year ago was-5.59%.Over the last year, http://forecast-chart.com/inflation-usa-energy.html 9/6/2013 USA Energy Inflation Forecast Page 2 of 6 innavon In me energy price inaex was I ne average rate over in a iast t 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 Inflation 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 to 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 llinks under the five year chart (above).One link 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 inliabon and negative inflation(deflation)can have damaging effects on the economy. Commentary 6092 e ENERGY INFLATION RATE June,2013 Data: The forecastfor 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 12.137%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 once 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 23% Last 10 Years.... .... ... ...7.2% Last 20 Years 4.9% http://forecast-chart.com/inflation-usa-energy.html 9/6/2013 a DATE(MMIDDNYYY) ACC)RI' CERTIFICATE OF LIABILITY INSURANCE 12/12/2013 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(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 CONTACT CADE RASMUSSEN PA INSURANCE UNLIMITED PHONE .406-586-1818 f,,X ,eIA06-586-8881m� 703 W MENDENHALL a DRESS, CAGE MTINSURANCEUNLIMITED.COM BOZEMAN, MT 59715 INSURERIS�AFFORDINCGDVERAGE NAIL# INSURERA:AUSTIN MUTUAL INSURANCE COMPANY INSURED INSURER B: DON DICKSON INSURER C; TRIPLE R MITIGATION INSURER D: 6640 SYPES CANYON RCS INSURER E: BOZEMAN MT 59715 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 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. LTR T`.SU _..POLICY EFF POLICY EXP LIMITS INSR TYPE OF INSURANCE CIS POLICY NUMBER MMIDD/YYYY MMIDDIYYYY GENERAL LIABILITY BP 1731015 09/12/1 09/1 ��^ EACH OCCURRENCE $1,000,000 A .._ DAMAC:sET RETITE©....._... COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence. 5100,000 -.... CLAIMS-MADE. 1XI OCCUR MED EXP IAny one person) s5,000 ... ._._-. PERSONAL&ADV INJURY 51,000,000 ..� GENERAL AGGREGATE 62,000,000 GWL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY jpE'CT LOG S A AUTOMOBILE LIABILITY A 1924640 09/12113 1 09/12/14 E°a.d.",L SINGLE LIMY 5300,000 ANY AUTO BODILY INJURY(Per person) S ALLOVINED SCHEDULED --- -. AUTOS '�+ AUTOS BODILY INJURY{Per accident) 5 PROPERTY DAMAGE .... ...-- NON-OWNED 6D _I Peracddent $ HIRED AUTOS AUUTOS '. i . -. 5 UMBRELLA LIAR OCCUR I' EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE j AGGREGATE $ :.:=RETENTION S $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS"LIABILITY YIN R-Y_LIAd1I.5 ANY PROPRIETOPJP.ARTNEPJEXECUTIVE NIA E.L.EACH ACCIDENT Ni$ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E-4 DISEASE-EA EMPLOYE $ if yes.descdte under _... _. DESCRIPTION OF OPERAT'I'ONS below E.L.DISEASE-POLICY LIMIT $ I DESCRIPTION OF OPERATIONS J LOCATIONS d VEHICLES (Attaoh ACORD 101,Additional Remarks Schedule,it morn space is required) CERTIFICATE HOLDER CANCELLATION William and Katharine Beene SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 825 St.Andrews Drive THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Bozeman, MT 59718 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CADE RASMUSSEN O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Printed by CCR on December 12,2013 at OR44AMI