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HomeMy WebLinkAbout14- Spitzer Access Agreement for sub-slab Depressurization October 18, 2013 Gayle Hokanson & Gary Spitzer 644 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. Spitzer & Ms. Hokanson 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 Gay Spitzer Mr/Ms Gayle Hokanson as Owner(s) of property located at 644 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, seating 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: Gayle Hokanson & Gary Spitzer 644 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 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. LlLaL21 EVE 2671— Date., 1-3 Owner- PMted Name -Signature�/ Date: Owner ' Printed Name SIgnatue6 i r C Date: City Or Bozeman Chris A. Kukulski, City Manager �r �I �I CRAWLSPACE M J� d Y m UP ® UTILITY ROOM w z m LIVING ROOM UP v A STORE Q ROOM D BATH RECREATION ROOM BEDROOM v Q U NOTES. 1, EXTRACTION PIPING RUNS VERTICAL TO CEILING WITH A T INSTALLED TO CONNECT TO HDPE PERT PIPE IN CRAWLSPACE.A VALVE IS INSTALLED PRIOR TO PERF PIPE. PIPING CONTINUES HORIZONTALLY TO NORTHEAST CORNER OF UTILITY ROOM THEN HORIZONTALLY THROUGH RIM JOIST INTO GARAGE THEN VERTICAL THROUGH CEILING AND INTO THE ATTIC. HP 2 €l FAN INSTALLED IN ATTIC THEN VERTICAL UP THROUGH ROOF. w HOMEOWNER REVISED EXHIBIT-A ACKNOWLEDGEMENT(INITIALS) Thia M/' ETRA TECtrl xa the"rremrd copy Aar purpaeas mf Are p PmradlMwaY oTETRAIEGh yxnp pd rr"arrd C, ' ¢. M R TETRA M i TETRA TECH 1—wt ariro- of.euo AC lhdMamft if waA—em, mdfuo i,mtl,wnh,W TET RA T ECHoS to Iltb rained Vm[fan xppemNal November 12,2013 rmom� VAPOR MONITORING SPITZER RESIDENCE A POINT LOCATED SUB-SLAB DEPRESSURIZATION SYSTEM EXTRACTION, PIPING 0 EXTRACTION POINT LOCATED AND VAPOR MONITORING POINTS EXHIBIT A s z A ;UP -[ LF UTILITY ROOM 4 {l 43 a LIVING ROOM UP STORE ROOM 4 BATH RECREATION ROOM BEDROOM nN O " J c� N U' Jt m U 4. b'Iy h lds EC .N H h l Van d l 1*, duct 0 TETRA TECH d -n Wb 0­d d th taITETRA TFGH " 11 d TRATECa tF-" dopy Wp,,g fFa paald TETRATEGH d*t mX appmalar wah—a­r'("y mdC mthl TETRATEGH a wmennppm October 23,2 01'.3 VAPOR MONITORING SPITZER RESIDENCE POINT LOCATED SUB-SLAB DEPRESSURIZATION SYSTEM EXTRACTION, PIPING 7t 0 EXTRACTION PAINT LOCATED AND VAPOR MONITORING POINTS EXHIBIT A E w (? w ID 0 Z ED — 2 FD Cl cD 4E �o 0 -6 Of N _0 UJ U) m 0 D (D d) rz 0 Cl) U) 0 1 E .0 ED W a) 0 c G7 r w CD M M M LO M CO M M M M e^^ r-- M — N 0 tl- (D " m to m C) CD o -- c6 Cq 6-k Gj (a Or)- U7, lu (D LU uj E w w .2 .2 J. > An w w tl- co 0 CD 0 41 4� m m .5 E E 4 0 IL W w Electricity cost for user submitted device Page I of 1 u. Home I Install an Attie Fan I Keep Pipes from Eraezing I LED Light Bulb Savings Comparison C Electrical Products I About tits Commonly Used Devices 60 Watt Incandescent Li hq Bulb Computer System Ipri Coffee Maker(warm) Oven at 350 degrees 100 Watt Incandescent Light Bulb Computer System(sleep mode} Efiectric Blanket Space Heater(pggable) Compact Fluorescent Lam Drip Coffee Maker(brew) Furnace Fan LCD HD TV-47 Inch Cloth.es Dryer Oxygen Concentrator at 3.0 LPM Microwave Oven Hs hest Setting) LCD Monitor-22 Inch Device Name: Depressurization Fan Cost Per Hour: Wattage of Device: 154} _.___ Cast Per Cray: $0.236624 Kilowatt Hour Cost: 065729 Cost Per week: $1.656 Hours,of use per day: 24 *I Cost Per Month° $6.63 Calculate Cost j Cost Per Year: $86.13 Copyright 2008-2013,Spectrum Research, 'lnc. Iattp,Hwww.eIectricity-usage.cotta/Electricity-Usage-CaIcuIator.aspx?Device=De pre ssurizati... 9/6/2013 Electric Monthly Default Supply Rates Page I of I New lfR.trtm,r Effecilihm Dide September 1,2013 EYectrk,Residenfiall Electric Ughting Effective Me priCOW'M Chanqe Effehve Date 116ceW)h Chaaq, 17 "044') 2 min 11 ,)^< - Jooi,,& 01 71 . 0 1 01 :W(� "A.)C, G!4 3 L,i 1, 1 2 0 13 w „jw,, Y.1 r4 I J 01,2 CI .23 13 0 1 Ma" "Jay 0 1 -.,f)13 ai..Jsf G 20 3 Sa jl SupUaniber 01 2013 W 06,,,2k 0 Genval ScrWce I Secondary Non Demand GenerH0 Service t Seuondary Demand EffccOyc,Oabo, pricplkvvh Chanp Effective Date Pw-LIKM Chanp, Q 'C 12 �O 057,,3-, 70,-, C t 31`2 40 I„ llbt 1, 20 1, 78 I,, C! 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("'O'X o, 20 3 h f) 1, C 2 k i G,' ,,-7u 17'(7, JIJ),0 1 .,-O :3 0 1 1,1,01 W ir:,jr )C.1 ;1 11 1; JI,I --,':I '',.I �'2 Ci I L I. ;11_Y 10,x,11 a;1, http://custom.northwesterneiiergy.com/forms/elecmonthly.asp 9/6/2013 USA Energy Inflation Forecast Page I of 6 l'orecasts,chails and anAvsisoii. IP FORE CA STCHART,2Polon Intel'ost Hate Foreca%t Nto•k �fiip-kct t-orevast Real Estale 1-urecast 1,Nrfiml'tV Rate Foreenst Froninnic Forec;io USA Energy Inflation Forecast USA Energy Inflation Rate Forecast Target Month Forecast L'tL'—FA Forecast for the USA Energy Inflation Rate for the year August 2014 15.71% 1280% ending in the target month irdicated 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-6 Year History 20% 10% 0% -10% -201A -30% 1108 112009 112010 112011 112012 112013 112014 1115 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 Rato Forecast:energy 10 Year Chart-CPI-Enemy US Inflation Rate Forecast 53 Year Graph-Consumer Pr!E.e Index Ener Inflation:Food,Energy,Housing,Medical etc. Current Analysis&Forecast: US Energy Inflation Rate Commentary 6092 e ENERGY IN5LATfON 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 15.71%over the next year The table shows a HDTFA of 12-80%a 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 -2.6% Last Year.... .......4.7% Last 5 Years 2.4% Lost 10 Years. ..... .. ..7.2% 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,19 58) -28.1% (August,2009) The annual Energy inflation Rate for the 12 months ended in July,2013 was 4.75%.ThaVs 1.67%percent higher than the 12 months ended in June,2013 which inflated at a rate of 3.18W It is 10.34%percent higher than the 12 months ended in July,2012 which inflated at rate of-5.59% The risisin 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 VSA Energy Inflation Forecast Page 2 of 6 inraven in tne energy price inaex was,; etilo. 1 no average rate over the isist i Li 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 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 link opens a ten year chart.Another opens our longest term graph on the Energy Inflation Rate Just one glance at Forecast-Chart cam'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 12.87%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..... .. .... ... 3.2% Last 5 Years 2.7% Last 10 Years 7.2% Last 20 Years 4 9% http://forecast-chart.�com/inflation-Llsa-energy.htmi 9/6/2013 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)/Landlord, located at (address) in Bozeman NIT 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 ,i °� CERTIFICATE OF LIABILITY INSURANCE nATEIMMrDDfIYYY] k.---'` 1 011 81201 3 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 A Ne,406-586^8881mm 7031N MENDENHALL A RESS. CADS MTINSURANCEUNLI ITED.COM BOZEMAN, MT 59715 �w INSUREi AFFORDING COVERAGE NAIL# INSURERA:AU'STIN MUTUAL. INSURANCE COMPANY INSURED � ._._.�....__ INSURERS DON DICKSON INSURER C: ._ TRIPLE R MITIGATION INSURER D; 6640 SYPES CANYON RD INSURERS 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 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 AD LS POLICY NUMBER MMI60MYYY MMIDO/YEYYY LIMITS IN I LTR COMMERCIAL GENERAL LABILITY 1 DAMAGE TO $1,000,000 A GENERAL LIABILITY SP 1731015 09/12/13 09/1211 DA GE O RENTED -- PREMISES Eaocnurrence $100,000 CLAIM&MADE I°`1 OCCUR ( 11 Iii MEDEXP{Arry_one person)_ s5,000 PERSONAL&ADV INJURY $1,000.000 GENERAL AGGREGATE $2,000,000 GEN"LAGGREGATE LIMIT APPLIES PEW PRODUCTS-COMPIOPAGG $2,000,000 POLICY -.. PRO- LOC I S JFCT A AUTOMOBILE LIABILITY BA 1 924640 09112/1 3 09/12/14 COMBINED e eent51NGLE LIMIT 5300,000 ANYAUTO BODILY INJURY(Per person) $ - ALL OWNED SCHEDULED ....DI --- _. BODILY INJURY(Per acr>rdentl $ AUTOS AUTOS _ ._...--..---._....... PROPERTY DAMAGE S HIRED AUTOS NON-OWNED AUTOS Peraccident -. . S UMBRELLA LIA9 OCCUR EACH OCCURRENCE 5 EXCESS LIAB CLAIMS-MADE AGGREGATE $ BED RETENTIONS..- $ WORKERS COMPENSATION i WC STATU- OTH, AND EMPLOYERS'LABILITY YIN ANY PROPRIETORIPARTNERJEXECUTIVE❑ NIA E.L.EACM ACCIDENT $ CFFICERIMEMBER.EXCLUDED? (Mandatory in Ni E L DISEASE-EA EMPLOYE S If yes,describe under DESCRIPTION OF OPERATIONS herow E.L.DISEASE-POLICY LIMIT $ I i DESCRIPTION OF OPERATIONS d LOCATIONS I VEHICLES (Attache.ACORD 101,Additional Remarks Schedule,if mare space is required) CERTIFICATE HOLDER CANCELLATION GAYLE HOKANSON & GARY SPITZER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 644 STAND REWS DR THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN BOZEMAN, MT 59715 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CADE RASMUSSEN ©1989-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Printed by CCR on October 18,2013 at 0S:A6AM