HomeMy WebLinkAbout14- Rydberg Access Agreement for sub-slab Depressurization January 10,__2014
Donn & Laura Rydberg
P.O. Box 11342
Bozeman, MT 59719
Subject: Access Agreement for Installation, Operation and Maintenance of Sub-slab
Depressurization System and Other Mitigation Measures
Dear Mr. & Ms. Rydberg
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 Donn Rydberg Mr/Ms Laura Rydberg as Owner(s) of property
located at 1079 Caddie 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-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: -Donn & Laura Eydberg
P.O. Box 11342
Bozeman, IVIT 59719
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.
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Owner- Printed Name
Signature
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Owner- Printed Name
Signature
Date:-
C T-
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Chris A. Kukulski, City Manager
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Home I Install an.Attic Fan 1 Keep Pipg, from Freezing I LED Licht Bulb Savings Comparison I Etectrical Products I ,About tits
Commonly Used Devices
60 Watt Incandescent Light Bulb Computer System Drip Coffee Maker warm Oven at 350 aggress
100 Watt Incandescent Light Bub Computer System(sleep mode) Electric Blanket Space Heater(portable)
Compact Fluorescent Lamp Drip Coffee Maker(brew) Furnace Fan LCD HD 7V-47 Inch
Clothes Dryer Oxygen Concentrator at 3.0 LPM Microwave Oven(Highest Setting) LCD Monitor-22 inch
Device(+tame: Depressurization Fan Cast Per Hour:
Wattage of Device: 150 _....... ........_...... , Cost Per Day: $0136624
Kilowatt Hour Costa 065329 __..... Cost Per W,,pk: $1,656
Hours of use per day: d24 Cost:Per Month: $6.63
Calculate Cost Cost Per Year: $86.13
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Copyright 2008-2013,Spectrum Research, Inc,
http://www.electricity-usage.com/Electricity-Usage-Calculator.aspx?Device=Depressur zati... 9/6/2013
Electric Monthly Default Supply Rates Page I of I
New Rate EffecUve Date SLptalinber 1,211,113
Electric Residential Electric Ughting
EffactWe Date Pricull Change Effective Date PricWKWh Change
ocra bar 01.2012 $0 48'1'133 $tU 000019) October 01 20I 2, $0 05'74'9% S(0 0000'17)
IN"Ourtuorol 2012 So 0696:3.3 S0000440 Nowirrilrer 01,P012 S005(836 $a 00:0398
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February 01 2013 SO 0818917 S(0 000499) February 01 2013 S 0 058113 $(0 0004,16)
March 0 1 2013 $0062533 S 0 00416`76! Marph 411,2013 0 05H744 Si 7 000r,I I
April 01 2013 60062481 Sta 000052) Apnl 01,2013 S 0 1359697 $(0 0a4047)
r1ay 01 2013 $0062388 S(ci 00OO93) May 01 2013 S 0 ObSil s(o 000034)
jurm(A 2013 ",G 063649 $0 001261 Jiyie 011,2013 15 0 059868 $0 OU 1255
july 011 2013 $()06545." 5 0 001804 July 01.2013 $0 051894 $0 OC1726
ikugust 0 1,201:3 $0 06EIMI,9 $(04y00354) Al,gusI 01,2013 5.0061274 $(0 000320,t
September 01,?013$0 054729 $0 0(1 Selptplriil 2013 S0061782 $0 000508
General Service I Secondary Non Demand General Service 1 Secondary Demand
Effective Date Price kWh Cl Effective Date, PyIce)KWh Charlylt
0 1 5(�1)0000 17)
ccobet,01 2012 $0 U57438 November 01,2012 S0061632 50000440
Novernter0l 20r12 $0 057835 $0000348 Decytat.rill,2012 S 0 06,241A SOOD0002
Dacemblar01 2012 $0 3586611 80000225 January 01 2013 S 0 0162357 S,O 00,1(,1077)
7.erIcaly0l 2013 S0068579 S(O 000082) Felbruary 01 X".1 $0 Ci,18W $tO MK1491,,))
Felpfuary 01,2013 $0058133 $pU 000446) March Oro,2013 S U 061856 S 0 400000
March 01,2013 $0058744 $0 000511 March 01,2013 $0 062`.134 $0 000676
ApnI 011, $005H597 $lO 0000,17) Apn O'l 2013 1S0062482 Sf0�C*0052)
May 01,2013 $0 06u013 I5p i may(a1: 201-Ls 5 0 0623n $(a owl(m)
June 01 P013 SO 069868 5 il 001?b5 Juno 01,2013 1 5 0 063611,10 S 0 00 l2r)l
July 01,2l 50 061594 5 0 00'9720 July 01 2013 S 0 06,54,54 S 0 001804
Augusl 01,201'y 50061274 $(0 000320) A,.4;isl 01,2013 S0065100 S(0 000,131)
Septonbov)l 2013$0 001782 5 u 0(10F)08 I,,.,iptamlrorOl 7013 $0 0 6 57;30 S 0 000630
Genal Service 1 Primary Non Demand General Service I Primary Demand
Effective Date PrlceJkVVh Change Effective Date PricalKlitco Chpii
OcWtior 01.2.012 $0 055514 $40000018) actoperol 2012 $a 056189 S(0000017)
November 01.2012 $00159942 $0 000425 Naverntar 01 2012 S 0 056580 $a(O13391
Deceiri0efOl 2012 $0060'7,2.2 $0 000780 Op.corriber 01,2012 $0 0 5 73 tiI S 0 COOK)I
January 01 201:3 50 060646 S(U 000070) January 01 2013 S U 05730 1 S(o 0007080)
February 01.2012 $0 060160 $(a 000486) February 01.2013 S 0 OfJ686.9 000438)
Marcb 0'9,2013 S(l 060817 $,0 000657 Varcl,01 281113 $0 1 S0000600
April 01.x2013 SO 060767 Sit)000050) Apri1 01,7043 S 00.`'x'7417 $tO 000046)
May 01.2013 $0 060677 $(()000090) tv'[1y01 2013 $0 057335 Sf0 000082)
June 01 2013 $0051903 $0001228 June 01 2013 S a 058Fi55 5 0 00$220
July 01.2013 so D63658 'S C 001755 July 01,2013 5,0060240 SODO1685
Ali 01,2013 S0063314 S(O 000344) Aucual 01,2013, S 0 0139025 S(O 00,03 15)
Septeirber 01,2013 S0063927 S 0 01)0613 Septpmberl)l 7.013 S 0 f6(i S a 0005015
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Effective Date Priceii Change Effective Date PrIcelf(Wh Change
October 0 l,2012 50 057438 $lO 0{700 17) Octabor W 2012 S C057438 S(3 000017)
Noveirti 2012 $0 057805 $0,Ol Novernberbli �012 $0057816 0 oames
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Match 01.213 S0068744 $0 00051'1 MardiOl 2013 S 0058744 S 0 0100611
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May 01 2013 $0 058613 S(0000004) May Ol 2013 $0 058613 Sto 000084)
JunvOl 2013 $D 059668 $0 001255 Jutte 011,201:3 $0059868 S 0 001255
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Effective Mite PrIc*YkWh Chan 2o, Effective Date Pdce/KWh Change
Ockitier 01.2012 S0069003 It[0 000018) October 01,2012 $0056647 5(a Ocicaiti)
November 01,2011? SO 059,128 $0 000425 NovemborOl 200 $0 059069 $D 00J1422
Opcernb,et 0'V,201(2 $0 0e0201 $0 OD0773 DeGowlber 01,2012 S 0 059818 $0000769
January 01.2013 $0 cl 25 $qa 000076) jan"my 01 2013 S a 0,159760 SlO 00)0"75)
Febwary 01 2013 SO 059644 $(0 U00481) February 01,2013 S 0 059284 $(0 000479)
March 01,2017 $0 060293 $0 0001652 March Oro.24113 $0 059,932 $0,000846
Aprl0l ?0'13 $0 OCOl $(0 OOoObO) ApnI 01,20'0',3 S 0 0593V $P 000050)
may 01 2013 $o 050156 $tD 000090) May 01,2013 $0059,793 $(O Oacoaq)
Junu 01,201 L1 $0061372 $0001216 June 01'9 2013 S 0 051001 $0 001208
Ally 01,2!71'9 $0 06311!2 $0001740 lily 01,2013 $0062732 S 0 001731
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http://custom.northwestemenergy.com/forms/elecmonthly.asp 91612013
USA Energy Inflation Forecast Page I of 6
About Us
NP Forecasts,charts and analysis...
FORK AST CH ART.c2o"nI
Interest Rate Forecast Stock Ntarki Forecast Real Estate Forecast Exchanee Rate Forecast Economic Forecast
USA Energy Inflation Forecast
USA Energy Inflation Rate Forecast
Target Month Forecast HDTFA Forecast for the USA Energy Inflation Rate for the year
August 2014 1571% 12-80% ending in the target month indicated based an the
Consumer Price Index for Ali Urban Consumers::
Updated Monday,August 26,2013. Energy,not seasonally adjusted.
Inflation Rate for All Urban Consumers:Energy-6 Year History
30%
20%
10%
%
D%
-10%
-30%
1108 112009 112010 112011 1/2012 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 betow.
Inflation Rate Forecast!Energy 10 Year Chart-CPI,-Energy
US Inflation Rate Forecast 53 Year Graph-Consumer Price Index-Enorg
Inflation:Food,Energy,Housing,Medical 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 15.71%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 round 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............ 47%
Last 5 Years 2.4%
Last 10 Years.................7,20/a
Last 20 Years 4.9%
Annual Energy Inflation Rate:Highs&Laws
High(Last 12 Months) 4.7% (July,2013)
Low(Last 12 Months) -8,9% (August,2012)
High(Since January,1958) 47,11✓ (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 dose 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
innauon in me energy price maex was 4.f0Yo. ine average race over tne last lu
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 47,1301.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 rive 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-Griart.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 forecast for the US Energy Inflation Rate is in the table at the top of this
page.Forecast-Chart.Gom is forecasting that Energy Inflation Rates will be
roughly 15.481%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 6 Years 2.7%
Last 10 Years.. ... ... .7.2%
Last 20 Years 4.9%
http://forecast-chart.com/inflation-usa-energy.html 916/2013
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 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
CERTIFICATE OF LIABILITY INSURANCE F DATE(MMIDDNYYY)
10/18/2013
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 M°AME: CCADE RASMUSSE.N
INSURANCE UNLIMITED --
PHONE
TIA/C,No1:406-586-8881
703 W MENDENHALL EMAIL
ADDRESS. CADE@MTINSURANCEUNLIMIT"ED COM
BOZEMAN, MT 59715 INSURER(S)AFFORDING COVERAGE NAIL#
INSURER.AAUSTIN MUTUAL INSURANCE COMPANY
INSURED INSURER B:
....... . ..._......._........
..
DON DICKSON INSURER G:
TRIPLE R MITIGATION INSURER D:
6640 SYPES CANYON RD INSURER E:
BOZEMAN MT 59715 INSURER F:
COVERAGES CERTIFICATE NUMBER, REVISION NUMBER,
THIS I$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 MAYBE 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.
ILTR 'TYPE OF INSURANCE ADDL UBR. POLICY NUMBER MMIDDY EFF MMIUDI YYY LIMITS
GENERAL LIABILITY EACH OCCURRENCE 51,000 010
A BP 1731015 09112113 09112!14 DAMAGE TQ-RINITE�... —I ............
+X+ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $100,000
CLAIMS-MADE ®OCCUR MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $1,000,000
_
GENERAL AGGREGATE $2,000,000
GENT AGGREGATE LIMITAPPLIES PER PRODUCTS•COMPIOP AGG $2,000000
POLICY PRO- LOC �... $
AUTOMOBILE LIABILITY COMBINED SINGLE
A BA 1924640 09/12/13 09112/14 ant) 300,000
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED
AUTOS �(. AUTOS BODILY INJURY(Per accident) $
NON-OWNED PROPERTYDAMAGE $
HIRED AUTOS AUTOS
S
UMBRELLA LIAB OCCUR EACH OCCURRENCE S
EXCESS LIAa CLAIMS-MADE AGGREGATE $
DEG RETENTION$ $
WORKERS COMPENSATION WG 9TATU- OTH-
AND EMPLOYERS'LIABILITY YIN -..'-. .13.Y_IJ Ems,
ANY PROPRIETORIPARTNEWEXECUTIVE F E.L.EACH ACCIDENT 5
OFFICERIMEMBEREXCLUOED7 NIA ..__.... .._.. .......... ............ ..........
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $
Ues,desenbe under
DESCRIPTION OF OPERATIONS bellow E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,.It mare space is required)
CERTIFICATE HOLDER CANCELLATION
DONN &LAURA RYDBERG SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
PO BOX 11342 THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
BOZEMAN, MT 59715 ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
CADE RASMUSSEN
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