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HomeMy WebLinkAbout14- Cook Access Agreement for sub-slab Depresurization October 18, 2013 Thomas D. Cook 407 Mendenhall Bozeman, MT' 59715 Subject: Access Agreement for Installation, Operation and Maintenance of Sub-slab Depressurization System and Other Mitigation Measures Dear Mr. Cook 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 Mr. Cook Mr/Ms as Owner(s) of property located at 720 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-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. Z 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 D. Cook 407 Mendenhall Ro7ernan, MT 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. 7/ Date: Owner- Printed Name Signature Date: Owner- Printed Name Signature Date: City of Bozeman Chris A. Kukulski, City Manager 3 u 6. ' 1po Q C 4p A, °44 ;J j Yt 00. d h1Q�.�..ES: 1. EXTRACTION PIPE RUNS HORIZONTAL TO NORTH END OF UTILITY ROOM THEN VERTICALLY UP THROUGH CLOSET INTO ATTIC WITH AN HP 220 FAN INSTALLED AND UP THROUGH ROOF. Eq Pty HOMEOWNER REVISED EXHIBIT-A ACKNOWLEDGEMENT INITIAL ra,wn ,z m ti, roa,yenna m kpros t ver n tcn.rn ,s xtn amea. m w m {v�awu men m a a.c nxrccr n v row November 5,2013, W7C1f1RTFFt4hu9`.p brrwa3 a!{?f erc"tlr°"®x rR Cwt Inge?.TExtw,Y'i.Hldoes.nrxn{v�Wv wwsarz efir-.x dre•s*antsan'a'�ram5w+xtrw�+rr�wburwav.wAXwemT,A'4ECWnwiM«+.rwVNK COOK RESIDENCE VAPOR MONITORING SUB-SLAB DEPRESSURIZATION POINT LOCATED SYSTEM EXTRACTION, PIPING 0 EXTRACTION POINT LOCATED AND VAPOR MONITORING POINTS EXHIBIT A C' °off�- 4 G,o Y K o �,OQ� ✓r��r a �°9 a d �p�✓`)" d V rn °o' �• V _ O� 1— nN G a c� C �I E m r ua� a Thy 7ETRAT nShr:krm Cr»n tt y ix SM^nrlp 4' ek pq I TETRA TEEC.w T d -A­0 b, rl d. d p0.,M-1—Mh x2C FI tt t TETRA RATEC aq Ip H uxrd October 18,2013 � Nf TETRA TECHaarM'rrcaN CV,ip'kr puapase>ml!.hra RralKt TETRA TEGW dw:t rnM1 aRFrmegle'�a.rOnSSPeraCCacumx.Ma rlany o.mudrFCVVtlon lw mxdcv+ilhmk TETRA TECH VAPOR MONITORING COOK RESIDENCE d POINT LOCATED SUB-SLAB DEPRESSURIZATION Tt SYSTEM I EXTRACTION, PIPING 181 EXTRACTION POINT LOCATED AND VAPOR MONITORING POINTS EXHIBIT A a) (D a) 0 Z f6 L u t5 E- Lu 0 2 N m m (D 0 En - a) o ' cm -5, C� :3 W C) I CJ 0 C7 i a) (D 0 6 LO 0 00 N N —:3 cm :3 >- >- C-1 b3 0 p O W r- (D T N C) ui 0 m w m co 00 LO CO M El (D C,4 .0 co 'o — o C) o -,-: cd (a C-4 P� G0, m co 0) m o T N m Lo CO 0 uj Cif E LU .E 0 as 0 > w w N m It LO Co r— 00 (3) 0 E E la m w LU Electricity cast for user submitted device Page 1 of l Home I Install an,Attic Faro Keep Pipes tram Freezing LED Light Bulb Savings Somparison f Dectrical Products I About Lis Commonly Used Devices 60 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(portabPe) Compact Ruorescent LpTp Drip Coffee Maker(brew) Furnace Fan LCD HD TV-47 Inch Clothes Drver Oxygen Concentrator at 3.0 LPM Microwave Oven(Highest Setting) LCD Monitor-22 Inch Device blame: [Depressurization Fan J Cost Per Hour: $0,009859 Wattage of Device: Cosa Per pay; $0.23 6524 Kilowatt Hour Cost: 055729 Cost Per Week. $1.558 Hours of use per day: ;24 C Cost Per Month: $5.53 Calculate Cost Cost Per`fear: $85.13 Copyright 2008-2013,Spectrum Research. Inc. http://ww^"wv.electricity-usage.com/Electric ity-U sage-Calculator.aspx?Device=Depressurizati... 9/6/2013 Electric Monthly Default Supply Rates Page I of I New Ralle IEffectiive Valic Seplai'llbeir 1:,7.1013 Etectric Residential Electric 1-19Mpiwq Eq�!rfivc Me fIdCu)Wjh chanq' Elfcctku DjPu PdcOKV11h chart D3 S NMWIl C;�';16 J 6T 5_2 3 LI:e u i �0 21 C rl V"V 0' 2:"1 1 0 J In- 11 Ijl' r.1. 01 2u j 1 0 ALIq.Sl U I ?U SGC L /4 u oti., I., 2:_I 2013"6 Generdi Service I SLCondaxy Nara Derrand General Service 1 Secondary Demand Eifonive 04ie PHC'&kVIJh 01;r, e, FrctIvc Wie Frice0l"Wil C'haivy r TI r I 0 1 12 0 C i ri A x 0 L 8 )1 iV 0 1 1 March 1 0 /wr i :1 1 C ri!: 0 (A 5 0 ;1 jw,,�Y 2� I- C, A 0 1 1(,1 o -94'�4 D-z"'.4 General SerVrjr 'e ,1 Pdrnw-V Non Dernand Geneva6�Service I Primmy Demand Effnctive,Date p6ce-111iW11 Change Effacdvqi Me PricdKOM ci'eIrtqe Oin_1.2.1 C CC,v LI 1 0! 12 7 n i77 "ov i Jai u',.w"0 1 zG 6'46 s4' )t 1, rar i r/W 2JI 1 2Q `:O' j I PO C"0 1 K, h0l "j j 2 Irripation Non Denwid lrng�ATon Deirwid Effecuv,,Date Priuik.4Nh CMIrge EiViiAva Date Prlei�.WOM f"4anqu -Fli, SO 1)D 7-17 OrLV"'i 0N '0 I- 1z' C', ",I P D l"i 1 "51 -14 "i 1 0 J;44 3 Q ''.611 /0 f 1I 0 1 20 x0 7 n0 G 1 F 0 C, iJad j 17 p ':4 0 X, GS-2 Substation GS 2 Tranwnission FMcUvc Date PricWWA Crmicle E"O.CkivC.,Date PricLWMi Chim4 0 1 -,01 C Z° .O C'le L rC1 0 1 C.-J;3 1 1 0 0 u,; Y, S C 0 0 W 1 S �;r"1 'INUZ: 'M l 1' Wy C C i) t ,3r' 0 v it i" GJ "o 'v":X 'Ju- if r I' I'Vil Gc i, p J"'F x "i'l r,"r,I. ......... http://custom.northwesternenergy.com/forms/eIecmonthly.asp 9/6/2013 USA Energy Inflation Forecast Page I of 6 Al-,i,ul lj OR pp I Foivcasts,charts and anaIN NIS.O. FACHART.�OtTM' Interest Rate For•va%l 'Stucil Nlarkel Forecast Real F'tille lorevaist FACIii Rate horecasl 1-1cmitisic Farecasl USA Energy Inflation Forecast USA Energy Inflation Rate Forecast Target Month Forecast Li(�Lr Forecast for the USA Energy Inflation Rate for the year August 2014 15 11-/. 1280% 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-5 Year History 30% 20% 10% O-A -101% -20% -30% 1108 112009 112010 1}2011 1/2012 112013 112014 1115 Annual US Inflation Rate for Energy is plotted monthly in gray lConsurner 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-Enong US Inflation Rate Forecast Current Analysis&Forecast: US Energy Inflation Rate Commentary 6092 e ENERGY INFLATION RATE July,2013 Data The forecast far the US Energy Inflation Rate is in the table at the top of this page.Forecast-Chart.com is forecasting that Energy li-iflation Rates will be roughly 16.71%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 -2.6% Last Year. 4.7% Last 5 Years 2.4% Last 10 Years....... . ......7.2% Last 20 Years 4.9% Annual Energy Inflation Rate:Highs&Lows High(Last 12 Months) 4.7% (July,2013) I-cw(Last 12 Months) -8.9% (August,2012) High(Since January, 1958) 47.1% (April,1980), Low(Since January, 1958) -26 1% (August,2009) The annual Energy Inflation Rate for the 12 months ended in July,2013 was 4.75%.Thatts 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 6.32%. The USA Energy Inflation Rate one year ago was-5.59%.Over the last year, http://forecast-chart.com/inflation-usa-energy.htm] 9/6/2013 USA Energy Inflation Forecast Page 2 of 6 inflavon in me energy price index was A t ne average rate over one iast 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 indicatorthat the long term trend in the Energy Inflation Rate is down.Inflation expectations should be adjusted accordingly, Forecast-C he rt.cam'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 slmlar 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 tan 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 Governments 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 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 wir 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%aa.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 199% Last Year.. . . ........... 3.2% Last 5 Years 2.7% Last 10 Years... ............ 7.2% Last 20 Years 49% http://forecast-chart.com/inflation-usa-energy.html 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 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 4 A'D'O CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) i`.� 10109/2013 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). g� PRODUCER _NAME CADE RASMUSSEN INSURANCE UNLIMITED 406-586~1818 AIX N4.466-586-8881 PHONE 7031/4!MENDENHALL aI 1REI& CADS MTINSURANCEUNLIMITED.COM BO EMAN, MT 59715 INSURERS AFFORDINGCOVERAGE NAIL# INSURERAAUSTIN MUTUAL INSURANCE COMPANY _.._._ INSURED INSURER B: DON DICKSON INSURER C: TRIPLE R MITIGATION INSURER D: 6640 SYPES CANYON RD 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 TYPE OF INSURANCE [7 $•Oft ...� POLICY FFF POLICY EXP INSR ADLj JOB WVD POLICY NUMBER MMIDONYYY MMIDDfYYYY) LIMITS A GENERAL LIABILITY BP 1731015 d /1 /13 09/12114 EACH OCCURRE=NCE $1,000,000 DAM E TO RE TE fXi COMMERCIAL GENERAL LIABILITY PREMISES Fa accwrance $100,000 ._,.....-aq. e.... —) CLAIMS-MADE A OCCUR MFD EXP(Anyone person-).... $5 900.— .... PERSONALBAOVINJURY S1,000000 _. GENERALAGGREGATE 52,0130,000 GEN:'L AGGREGATE LIMIT APPLIES PER' ''., PRODUCTS-COMP/OPAGG $2.,000 000 POLICY PRO• LOC . . S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 300 ��� A BA 1924640 09/12/13 09/12/14 Eaac.d.nl __.__. ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY S AUTOS AUTOS .......­ . NON-OWNED - PROPERTY DAMAGE ��-.� HIREDAUTOS AUTOS Per accident $ $ $ OCCUR EACH OCCURRENCE UMBRELLA LIAR EXCESS LAB CLAIMS-MADE AGGREGATE CEO '... RETENTION$..... �- $ WORKERS COMPENSATION WCSTATU-.... . !OTH- AND EMPLOYERS'LIABILITY YIN I ER ANY PROPRIETORMARTNFRIFXECUTIVE❑ NIA EL.EACH ACCIDENT $ OFFkcEWMEMSER EXCLUDED? (Mandatary in NHI �: E.L..DISEASE-EA EMPLOYE $ If yes describe under _........ ..,_ .. DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if moos space is required) CERTIFICATE HOLDER CANCELLATION Team 'COOK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 720 St Andrews DC THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Bozeman, MT 59718 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CADE RASMUSSEN ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Printed by OCR on October 09„2013 at 02:52PM