HomeMy WebLinkAbout13- Wilson Access Agreement for sub-slab depressurization system October 18, 2013
Thomas & Darlene Wilson
523 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. & Ms. Wilson
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 this 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
ACCESS AGREEMENT
Mr/ms Thomas Wilson Mr/Ms Darlene Wilson as Owner(s) of property
located at 523 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: Thomas & Darlene Wilson
523 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 an 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 or defense that either Party may have related to vapor intrusion
at the Property or otherwise.
Date:
1-2
Owner rinted
Signature
Date: Z4
Owner- rinted Name
Sign btore
�-
Date: 2-
City of Bozeman
Chris A. Kukulski, City Manager
Exhibit C
TENANT ACKNOWLEDGEMENT
1, (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)/Land lord, located
at in Bozeman IVIT to design, install,
monitor, operate, and maintain a sub-stab 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
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Home Install an Attic Fan ( Keep Pipes from Freezinq LED Light BA Savings Comparison ( Electrical(Products I About Us
Commonly Used Devices
80 Watt]incandescent Light Bulb Computer System Drip Coffee Maker(warm) Oven at 350 degrees
100 Watt Incandescent Light Bulb Computer System(sleep mode) Electric Blanket Space Heater(portable)
Compact.Fluorescent Lamp Drip Coffee Maker(brew) Furnace Fan BCD HD TV_47 Inch
Clothes Dryer Oxygen Concentrator at 3.0 LPM Microwave Oven(Highest Setting) LCD Monitor-22 Inch
Device Marne: Ibepressurization Fan Cost Per Hour: $0.009859
Wattage of Device: t50 Cost Per Day; $0,236624
Kilowatt Hour Cost: .085729 Cost Per Week $1.656
Hours of use per day:. 124 + Cost Per Month: $6.63
Calculate Cost Cost Per Year: $86.13
Copyright 2008-2013,Spectrurri Research Inc.
http://www.electricity-usage.com/Electricity-Usage-Calculator.aspx?Device=Depressurizati... 9/6/2013
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http://custom.northwesternenergy.com/forms/elecmonthly.asp 9/6/2013
USA Energy Inflation Forecast Page I of 6
Fot-Lc asts,charts and analysis...
FORECASTCHART.R(M01
Inlercst Rate Forecast Stock Nlarkel Frwecast Reat I'Alate Forecast FNrlmm�,e RIte 1--irrecast Economic Forecast
USA Energy Inflation Forecast
USA Energy Inflation Rate Forecast
Target Month Forecast LO—TFA Forecast for the USA Energy inflation Rate for the year
August 2014 15.711% 12.800% ending in the target month indicated based on the
Consumer Price Index for All Urban Consumers
Updated Monday,August 26,2013 Energy,not seasonally adjusted
Inflation Rate for All Urban Consumers.,Energy-SYear History
30%
20%
10%
0%
-10%
-20%
-30%
1108 1/2009 1/2010 1/2011 1/2012 112013 112014 1115
Annual US Inflalion Rate for Energy is plotted monthly in gray(Consumer Price Index for AT]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-Enercry
US Inflation Rate Forecast 53 Year Graph-Consumer Price Index•Energ
Inflation:Food,Energy,HousIn_q,Madiqal etc,
Current Analysis&Forecast: US Energy Inflation Rate
Commentary 6092 e
ENERGY INFLATION RATE
July,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 15.711 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 Ccnsumers:Energy,hereinafter referred as the energy price index_
Annual US Energy Inflation Rate
Last Month -2.6%
Last Year.... ........... ...4,7%
Last 5 Years 2.4%
Last 10 Years......... ..... 7.2%
Last 20 Years 4.91%
Annual Energy Inflation Rate:Highs&Lows
High(Last 12 Months) 4.7% (July,2013)
Low(Last 12 Months) -8.9% (August,2012)
High(Since January,1958) 47.1% (April,1980)
Low(Since January, 1956) -28.1% (August,2009)
The annual Energy Inflation Rate for the 12 months ended in July,2013 was
4.75%,Thafs 1 57%percent higher than the 12 months ended in June,2013
which inflated at a rate of 3.18%,It is 110,34%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.htm1 9/612013
USA Energy Inflation Forecast Page 2 of 6
innavon in inc energy price in oex was 4.1b/.. i ne average rate over me last 1
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-28.091/6. 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 simdar 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 link opens a ten year chart.Another opens our longest term
graph on the Energy Inflation Rate.Just one glance at Forecast,Chart corn'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 e
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 12.871 which
suggests that the inflation rate for energy prices in the US for the 12 months
ending July,2014 could easily fall between 28r34%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. .........7.2%
Last 20 Years 4.9%
http://forecast-chart.cornJinflation-usa-energy.html 9/6/2013
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