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Home My WebLink About14- McGovern Access Agreement for sub-slab Depressurization System October 8, 2013, 2013 Pete & Eileen McGovern 801 Turnberry Ct. Bozeman, MT 59715 Subject: Access Agreement for Installation, Operation and Maintenance of Sub-slab Depressurization System and Other Mitigation Measures Dear Mr. and Ms. McGovern 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 Pete McGovern Mr/Ms Eileen McGovern as Owner(s) of property located at 801 Turnberty Ct. —, (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-stab 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 Owners) 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: Pete & Eileen McGovern 801 Turnberry Ct 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. 2 S. 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. 6-vv Date: C.) Owner - Printed Name ILL,, SIgnature Date: Owner" Printed Name Signature Date: 1-2 2 -N City of Bozeman Chris A. Kukulski, City Manager Exhibit C 3 UNFINISHED z UTILITY ROOM UNFINISHED o LIVING ROOM m UNFINISHED BATHROOM a w UP a GARAGE v r m p. q NOTES 1. EXTRACTION PIPE RUNS HORIZONTALLY THROUGH WALL THEN VERTICALLY UP TO CEILING AND HORIZONTALLY TO EAST SIDE OF HOUSE THROUGH RIM JOIST WITH HP 2210 FAN AND DOWNSPOUT UP VERTICALLY TO EVE. a HOMEOWNER REVISED EXHIBIT-A ACKNOWLEDGEMENT(INITIALS) Thl4C,a ;lhst tea d sftC g P—w p,dW,KTETRATECH This dY'a rqnot d*aft wed. ed tpvwtluccd'mMN lh pT H+*dCp w..wl'TETRA TECH.Anw .lw Bberetdined rra�n ry by TETRA TECH pax Atm',w,d wwp Nm pwrpeaeAefdrvSpropeti'�ETRA TECH docsrpt appro .wf wr w,ernnt these tlacu,msnt®.e a —talon ar mwd Taatiwn adc yr 0TETRA TECH`Rw e,dppmv November 5,2.013 -- VAPOR EXTRACTION PIPE IIII'ICGOVERN RESIDENCE SUB-SLAB DEPRESSURIZATION POINT R AND MONITORING SYSTEM EXTRACTION, PIPING VAPOR MONITORING POINTS EXHIBIT A 0 EXTRACTION POINT LOCATED UNFINISHED UTILITY ROOM UNFINISHED A LIVING ROOM UNFINISHED BATHROOM �2 F UP tip TF GARAGE rn r--- - - ..........® -- .............-- 2 NOTES 1. EXACT PLACEMENT OF VAPOR EXTRACTION PIPES TO BE DETERMINED. LOCATION SHOWN IN PLAN IS FOR REFERENCE ONLY. nN TH, f -,k p.d.i d TETRA TECH s.d.,mv.dead vudH W11.p TETRA TECH Am,1.111 b--d TE7RA7ECHdmr,pp,..f..Ntl...d.5 TETRA TECH,0. October 8,2013 fr VAPOR EXTRACTION PIPE MCGOVERN RESIDENCE SUB-SLAB DEPRESSURIZATION VAPOR MONITORING SYSTEM EXTRACTION, PIPING POINT LOCATED AND VAPOR MONITORING POINTS EXTRACTION POINT LOCATED EXHIBIT A a) L CD (D o Z fy IZ- -E C) (D ' t5 CY) 0 co (1) m o ry N T) WU), U) o �V) I CL ,, — (L) W In 0 ru 0 U) 0 0 D C1 J LO o 0 a) a) 0) 0 0 0 w c E 0 W D co co co �o M CO M 0 co a> T r- M n. — N 0 1- Cn Cl C, ,6 'o r CD CD O = c6 RI M CM t�- 00 m w m m CD co 0 ca 69 Wu LU CC E Clf w 4- E o a) I- CL 0 CD 0 > W Lu w N co Nr to Co r- co CD 0r d4 CD o E E a) (n U) CL w w Electricity cast for user submitted device Page 1 of l 9_louaae I gnsta-an Attic E-Q-n I KeL-'p P pr;s from Freed j LEmf Lim g ult S in C:,.qgIpATison I Eleckricgl Producig I Aboijk U Commonly used Devices 60 Watt Incandescent LLght 3 Llk Pr Qgffee Maker Lvja Lnj Caren at 350 degrees 100 Watt lncandescent tight Eiull p0r]2pu!!LLSysteDIL leep model Electric Blanket Spare Fl gt�r, )arkatlip Compact Fluores�ept Lg_M ; Drip Cafee Maker ft�re Wj Furnace Fan IL.CD HD TV-47 Inch �lokhes QUer 7�men COncenRratar at 3.0 LE M Microwave de vgrr hli hest Setlin Lt f7 Monitor 22 Inch Device Narne: Depressurizakeon Fan $0.009859 Cast.Per Flour: wattage of Device: 150 _....._.. Cost per pay; $0.236624 Kilowatt Hour Cast: 065723» Cost Per Week: $1.656 Hours of use per day: 24 �� Cast Pear Mou~Wt X6.63 Calculate Cast } Cost Per Year: 86,13 Copyright 2008-2013, P.ef4c.um Resgarch Inc. http Hwww.electricity-usage.co /Electricity-Usage-Calculator.aspx?Device=Depressurizati... 9/6/2013 Electric Monthly Default Supply Rates Page I of I New Rate Effucbve IMe Simptember,4,=3 Erectric ResidorrUaB Eectrlc Lighting F Y cl ye D,N; crmnQv: EftdrUv.,DOO PmoiK%Vh Ch o n q,� P G 2 01 F,h',F 0 GvnerA SerWre 1 Secondary Noo❑earand GenerdP SP.Mce I SLGOfTdUnj DerRW d Etf .dve DaO Pipcl'+TMVh Ct"mgt UNxInL,DA., pri"U,Mv8 Ghanqe . % 0 2 1 j, 5, Genei'M Servk e I Primaij Non Doirand Generad Servnue Pd miry Derumid Uec.ti,r&rife pn M`,h 4ivv26,- Effer.b iu poc�,OIXP� J,- A frrigAan NDn Demand lrrCgaflon Demmld prlce'k Nh M(-k,i•D P Kv 11 C11�mvrrpc Z C, GS.2 Substafic 0 GS-2 Trzomlmissiwn Fnr�3 kVfli Cha,,q, Eff il—CA pvIC,�,KYJh Gh nfl,. J j ".1", "'n yj 71 A 01- 1, http://custom.northwesternenergy.com/forms/elecmonthly.asp 9/6/2013 USA Energy Inflation Forecast Page I of 6 (�ralItiM Vorec.ists, charts and analvsis... "N. F0,RECA.ST(,HART.*'QWm Interesl Witt foreclist Stilek Nlarkel Fort,cast Heill I oale Furvkasf I ,charhr,,r Rate Forecast II USA Energy Inflation Forecast USA Energy Inflation Rate Forecast Target Month Forecast UiL)LLL' Forecast for the USA Energy Inflalion Rate for the year August 2014 1571% 12 80% ending in the target month indicated based on the Consumer Price Index forAl Urban Consumers Updated Monday,August 26 2013 Energy not seasonally adjusted Inflation Rate for All Urban Consumers:Energy-5 Year History 30% 20% 10% 0% -10% 201A -30% 1/08 1 f200'9 112010 112011 112012 1!2013 1/2014 1/15 Annual US Infialion Rate for Energy is plotted monthly in gray(Consumer Prrco Index tor All Urban Consumers Energy) The forecast for the target month is shown In green Other links related to this economic indicator are below Inflaflon Rite Forecast:Energy IQ Year Cjh��rt ginjil,Erwraly U'S inflation Rite Forecast 63 ea Ln-flation:Dm_d 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 cam 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 pace index. Annual US Energy Inflation Rate Last Month -2,6% Last Year........ 4.7% Last 6 Years 24% Last 10 Years 17 2% Last 20 Years 4.9% 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,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 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 6,321%. The USA Energy Inflation Rate one year ago was-5,59%.Over the last year, http://forecast-chart.com/inflation-Lisa-energy.html 9/6/2013 USA Energy Inflation Forecast Page 2 of 6 viTiarion in Tine energy price Index Was 4,iofa, I ne eve raga rate over ine iast in years was 7,20% Lower Inflation over the last 12 months compared to the average inflation over the test 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-Chzirt.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 4.92W 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 links to longer terns charts lack 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.Jost one glance at Forecast-Chart con'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(donation)can have damaging effects on the economy. Commentary 6092 e ENERGY INFLATION RATE Jun a,20 t3 Data: The forecast for the US Energy Inflation Rate 15 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 far energy prices in the US for the 12 months ending July,2014 could easily fall between 28,34%and 2.611%.Links to Forecasts for many other economic indicators may be found at the top of this page.The energy price index used in Lhiis article is the Consumer Price Index for All Urban Consumers:Energy,hereinafter referred as the energy pace index Annual US Energy Inflation Rate Last Month 19.9% Last,Year ..... 3.2% Last 5 years 2.7% Last lOYears .7,2% Last 20 Years 4 http://forecast-chart,com/iiiflation-usa-energy.htm1 9/6/2013 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 in Bozeman MT 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 4 .mac°I CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYYI 1111' 10/08/2013 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 NAME: CADE RASMUSSEN INSURANCE UNLIMITED PHONE 406-586-1818 Ac Np:106-588-8881 703 W MENDENHALL E-MAIL ADDRESS, CARE MTINSURANCEUNLIMITED.COM BOZEMAN, MT 59710 INSURERS)AFFORDING COVERAGE _........ NAIC tl INSURERA AUSTIN MUTUAL INSURANCE COMPANY ..INSURED �� INSURER B'. _._ DON DICKSON INSURERG__.._.._ . TRIPLE R MITIGATION INSURER 0: 6640 SYPES CANYON RD INSURER E: '.....6C)ZEMAN 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 SU13JFCT TO ALL THE TERMS„ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLsU8R POLICY EFF-7 POLICY EXP . ._.._.___._..._._.......ww.. . . LTR TYPE OF INSURANCE INSIR I WVD POLICY NUMBER IMMIDDrfYY Y MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE 51,000,000 A BP 1731015 [}9/12!13 09!12/14 -13AMAt%-Cf')REwTE(? X COMMERCIAL GENERALLIABILITY PREMISES Ea occurrence) $100,000 _ 7 CLAIMS-MADE I'°1 OCCUR MED EXP(Any one person) 4,000 _ PERSCNAL.&ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOPAGG 52;000,000 _ POLICY PRO- LOC S A AUTOMOBILE LIABILITY BA 1'924640 09/12113 ' 09/12114 _g°mtgaen .wGLELiMIr X300,,000 ANYAUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S HIREDAUTOS AUTOS IPer a,ccidenl. S UMBRELLA I OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DEC) I I RETENTIONS S WORKERS COMPENSATION WC STATU OTH AND EMPLOYERS LIABILITY CRYLIMITS,,. ER_ _.._............... ......................... ANY PROPRIETORIPARTNERIEXECUTIVE.p N.r A E.t.EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? u (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S I i DESCRIPTION OF OPERATIONS)LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks ScheduSe,if more space is required) CERTIFICATE HOLDER CANCELLATION Pete&Eileen McGovern SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 801 Tumberry CT THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Bozeman MT, 59715 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CAFE RASMUSSEN O 1588-2410 ACORD CORPORATION. All rights reserved. ACORD 25(2090/05) The ACORD name and logo are registered marks of ACORD Printed by CCR on October 08,2013 at I1:12AM