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HomeMy WebLinkAbout13- Woloszyn Access Agreement sub-slab depressurization October 18, 2013 Richard &Vickie Woloszyn P.O. Box 1282 Bozeman, MT 59771 Subject: Access Agreement for Installation, Operation and Maintenance of Sub-slab Depressurization System and Other Mitigation Measures Dear Mr. & Ms. Woloszyn 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 Richard Woloszyn Mow Vickie Woloszyn as Owner(s) of property located at 578 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: Aftn. City Engineer 20 East Olive Street PO Box 1230 Bozeman, MT 59771-1230 Owner: -Richard &Vickie Woloszyn P.O. Box 1282 Bozeman, IVIT 59771 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. & 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 0, "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: Owner- Printed Name CJ -%nature V, d W()- Date! Owner- Printed Name Signature Date: ty of Bozeman Chris A. Kukulski, City Manager g BEDROOM BATH BATH LAUNDRY 3 BEDROOM n r BATH T J � d FAMILY ROOM GAME ROOM UNFINISHED MECHANICAL U f NOTES. 1. EXTRACTION PIPE INSTALLED AT EAST END OF BASEMENT WITH PIPE RUNNING VERTICALLY UP THROUGH FLOOR AND INTO PANTRY.THE PIPE THEN RUNS INTO ATTIC AND AN HP 220 FAN WAS INSTALLED.THE EXTRACTION PIPE THEN RUNS UP AND EXITS THROUGH ROOF.A SECOND EXTRACTION PIPE 1S INSTALLED ON WEST SIDE OF BA 7NT AND HAS BEEN GAPPED. nN HOMEOWNER REVISED EXHIBIT-A ACKNOWLEDGEMENT INITIAL Thla lGrowing,I4mift' miW Idfpurp d0 thN p,,Wd"fE ItCHF1.Thddrt«rntl ecnnN bit dtta1jb—laadorrprodurad Hd+ut 4fi�apdar wrlk mm0.arTEYNA7ECH.Mari "I bd tr�.d � �TEfFtA TECH aa{Fe"Amvtl mpy"ImpuROaef o7tlr4 pno�acl.'ftiIAA TEGM tleed rwl.dRwm'na Olw MtiffBttlpieaadpeumanla if wydl5m�rmNom or modMcglan lambs wtlhsutlEIAA TECITx wnVeh9ppm'.a.- VAPOR MONITORING WOLOSZYN RESIDENCE A POINT LOCATED SUB-SLAB DEPRESSURIZATION SYSTEM EXTRACTION, PIPING Ell: 0 EXTRACTION POINT LOCATED AND VAPOR MONITORING POINTS EXHIBIT A g A, A BEDROOM BATH BATH LAUNDRY C BEDROOM m BATH Lu Lwrl Z IX cad Cgg} V] FAMILY ROOM GAME ROOM CHI 0 I �I U UNFINISHED MECHANICAL U 1 E nN W A 'iyTETRATFHA,h h,`TewmMted,la Yhenrv®m rnmkP�ue TETRA d. rnteep 'c Fwbaeml Meeddaem MsIt ysAmiulol W[flemn ebdbWeQU-teeTETM TE TEGK lmidmlp®rebiried January 28 , 014 a; by TETRA T�EGH B&dha"mcpM Cop;C hrpprym.a6 el lhl�prml®eL TETRA TECH drama ro{eppmvaWw'w,am,nl Mhmp dxamerub It my albmdmn ormmdlECUdmn l�madawil'nmti67k fRA YECHx wntlan®ppmwW, J a VAPOR MONITORING WGLOSZYN RESIDENCE POINT LOCATED SUB-SLAB DEPRESSURIZATION SYSTEM EXTRACTION, PIPING EXTRACTION POINT LOCATED AND VAPOR MONITORING POINTS EXHIBIT A c a) Cl) U)a) z m 6 -0 16 e -C N cm 2 C4 m (D 0 p to DL cu -0 CL m CA a) a) D 0) LO I :E .0 c^ z, cn a) m =1 =3 0 cu 0 m a w M M CO r LO M M r CO 0 cri " N 6 w C6 "r- 6 6 ci -- C6 cc SV r- co co (m m 0 r N m -tt Lo Co a m CD 'a 40 .2 uj ui m E 4. U) W ;4l ce .E o 0 w Cfi 0 o ui w m to (0 rl- co (3) w 0 E E T: = 0 0 (n CL uj w Electricity cost for user submitted device Page I of 1 ` . 4" Horne I Install an Attic Fan Keep Pipes from Freezing LED Light Bulb Savings Comparison I Electrical Products I About Us Commonly used Devices 60 Watt Incandescent Light Bulb Computer System Drip Coffee Maker(warm) Oven at 360 degrees 100 Watt Incandescent Light Bulb Computer System(sleep model Electric B'Ianket Space Heater(portable) Compact Fluorescent Lamp Drip Coffee Maker(brew) Furnace Fan LCD HD TV-47 Inch CNothes Dryer Oxygen Concentrator at 3.0 LPM Microwave Oven(Highest Setting) LCD Monitor 4 22 Inch Device Name- Depressurization Fan Cost Per Hour.- $0.009959 Wattage of Device: 150 _ Cost Per Day: $0136624 Kilowatt Hour Cost: 0657,29 Cost Per week: $1,656 Hours of use per clay: 24--. F--I Cost Per Month: $6.63 Calculate Cast n mm _.__ Cost Per Year: $86,13 I Copyright 2008-2013,Spectrum Research, lnc. http://www.electricity-usage.com/Electricity-Usage-Calculator.aspx?Device=Depressurizati... 916/2413 Electric Monthly Default Supply Rates Page I of I New i EArvatil Data Sqaternher 10 2013 Electric Residential 6ectric lUghtlng Effective Date PrlcWkWh Change Effective Date Priceii<Wh Change October 0'1,2012 $0061103 S(O 0000 19) Ocober Or,2oV '$0057'48 $f000©017) November 01,2012 $0 061 633 $0000440 November 01 201.2 5 0057836 S,a 000398 December 01,2012 $0 062433 $0 00081 December 01,21012 $0 058061 o 0 000825 Januar),01,2013 $0062356 $(0 OOODT7) January 01,2013 $0 0625'?9 S(o OOOOKI0 February 01,2013 SO 061857 $(0 000499) February 01 2013 S 0 058133 "'P(O 000446) March 01,2013 S0062533 $0 00H,76 March 01,2013 $0 062744 V n 000611 April 01,2013 S0062481 $l()01)0052) April 01 2013 S 0 058697 $(0000047) May 01.2013 $0 062388 S&O 000093) May CI ?013 $0 058f9l3 S(0000084) Jurip 01,2013 $0063649 5 0001261 June 0 1,21013 $0 059868 $0001255 July 01,2013 $0 06545' $0001804 JUi 2013 $0 0616D4 S 0 001726 Augu91 01,2013 $C 00,5090 S(O 0'00354) August 01,2013 $0 061274 S(O 000320) Septerrilhu 01,2013$0055729 $000,0630 ScrpternbLrOl 2013 S,0 061782 S 0 000508 General Service 1 Secondary Non Demand General Service I Secondary Demand Effective Date PriaelkWh Change Effective Date l'i Change October 01 2012 S0057438 $(0000017) NDvembef 01,2012 S 0061632... 061632 $0000440 November 01,2012 SO 057826 $0 O0W99 December 01,2012 $0 062434 $0 000802 Decarnbor 01,2012 SO 05868'1 $0 000825 January 011 2013 $Q 062357 5 tO 0000 77) January 01,2013 $0 051 S(0000082) Fulcruary 01,2012 S U 061958 $(0000499) February 01,2013 $0 058133 S(O 000446) March 01,2013 $a 08,$858 $0000000 Mali 01,2013 $0 058744 S0000611 March 01,2013 S a 0625,U $0 CO4679 Aonl 0'6,2013 $0 058697 3(0 000047) Al 01,2013 $0062482 $(O 6000521 May 01,2013 $0056613 S(0000084) May 01,2013 $0062389 S(0000093) Jurie 01 2013 $0 059868 $0001255 June 01,2013 $0061650 S 0001261 July 01 2013 $o 061554 $0001726 July 01,2013 S0065454 $0001804 August 01,2013 SO 061274 $(0 000320D August 011 2013 S 0 0651010 540 0003540 September 0l,2013$0061782 S 0000508 Septarri 2013 $0065730 $0000630 Genera)Service I Primary Non Demand General ServIce,I Primary Demand Effective Date Pricelkwirl Change Effective Date PricelKi Chanae October 01,2012 S0059514 $(0 ODOOIB} Sari 01.20112 $0056189 S(0 000017) Novernbnr011 2012 $0059942 S 0 001942H Novorniber 01,2012 $0056580 $0000391 December 01 2012 SO 060722 $0000780 December O'T,2012 $0 057361 S 0 000801 January 01 2013 $0060646 $00 000076) JaIlLalry 01,2013 $0057301 &(0 000080) February 01,2013 $0060160 S(0000486) February 01 2013 S 0 05,5863 $(O 00,0438) March 01.2013 $0,060817 $0:000657 March 01,2013 S005746,1 S0000600 AprV 01.20773 50 060767 5(0 000050) April 01 2013 S0057417 $(0 0000�46) May 0'7.2013 $0 160577 $(0000090) May 01,2013 S005-17335 S(0 0000�82) June 0l„2013 $00619,03 $0,001226 dune 01 2013 S 0 056555, $000122.0 July 01,2013 SO 0636�58 $0001755 July 011,2013 $0 360240 S00911665 AljqljsP Ol,20 1 3 50 063314 540 000344) Auquial 01,2013 $0059925 S(o 0003 16) September 01,2013 50063927 S0000613 Septeriber 01,2013 :5 0 060430 $0 000505 InigablOn Non Demand irrigation Demand Effective Date PricefkWh Change Erfective Date PricelKVVh Change Onlobpr 01,2012 S0057438 S(O000017) Ockubw 0:1,2012 S 0 057438 $(0000017) November 01,2012 $0057835 5 0000390 November 01,2012 !S 0057836 S0000398 December 01,20 2 $0058661 S 0 000825 December 01"2012 $0,058661 S0000325 January 01,201$ 50 058679 $(0 000082) January 01,2013 SOO58579 S(O 000082) Fabruary0i 2013 $0058133 S(0000446) February O1,2013 $0058133 S(0 000446) March 01,2013 50058744 $0 000611 March 01,2013 1 0 068744 $0 670061 1 April O1,2013 SO 058697 $(0000047) April 01,2013 $0058897 S(0000047) May Of 2013 "058693 $(0000084) May 01,2013 $0058613 510 000084) June 01,2013 $0059868 $0001265 June 0"1.2013 $0059868 5 0 001 2.55 July Orl SQjlj $0061594 St 0 00 1726 July 01,2013 $0061594 $0 001726 August 01 2013 $0 0612?4 $dD 1100320) Augui 01.2013 S 0 06'627d S(0000320) Septornbel-Orl 2013$0061`62 $00190508 September 01,2011 $006"11'7$2 :5 0 000506 GS-2 SubstatJory GS-2 Transmission Effective Date PdrPIRwh Change Effective Date PricellikWh Change October 01..2012 $0059003 $(U 000018) October 01,2012 $0058647 S(0 000018) November 01,2012 $0 059428 S 0000425 November 01 2012 $0059069 $0000422 December 01,2012 $0060201 $0000773 December 01,2012 $0059838 $0 000769 January O1.2013 SO 060125 S(O 000076) January 01,2013 $0 059763 S(0000075) February 01,2013 S0059644 $(0 0004810 February 101,2013 S 0059284 $(0 0004791 101,2013 50060296 $0000652 March Ol 2013 $0 059932 $a 000648 Aprik 01,2013 S0060246 $(0000050) ApmOl 2013 S 0 059l S(0000050) May 01,2013 S0060156 S(0 000090) May 01 2013 $0 05,97,911 S(0 000089) June 01,2013 $006,1372 $0001218 June 01 2013 $0 061001 $0 001208 July 01,2013 S0063112 $0001740 July 01,2013 $0062732 S 0 001 731 August 01,2013 SO 062770 5(0 000:342) Auqu3i 01,2013 S 0 062393 $(0 000339) September DI,2013 SO 063377 $0000607 September 01,2013 S 0 062997 $0000604 Edvckrk supply raitea change rnonthly based on curren(projeclad 12 month markot pdcos Tire rowrwe,;coledtd compamd to actual ccMc Incurred by WINE ais trued up an an annual banm NIAT-purchases.1holursNe electrIcIfy from producers end pw,$4d the cult diperllv W VASIOMM WIVIDUl rnirkup http://eustom.northwestemenergy.com/forms/elecmo'nthly.asp 9/6/2013 USA Energy Inflation Forecast Page I of 6 About Us FORECASTCHARTIFIVA Forecasts,charts and analysis.,.., corn Interest Rate Forecast Stocl(Market Forecast Real Estate Forecast Exchanse Rate Forecast Economic Forecast USA Energy Inflation Forecast USA Energy Inflation Rate Forecast Target Month Forecast BOTF6 Forecast for the USA Energy Inflation Rate for the year August 2014 15.71% 12.80% ending in the target month indicated based on the Consumer Price Index for All Urban ConsurnersT Updated Monday,August 26,2013- Energy,not seasonally ad]usted. Inflation Rate for All Urban Consumers:Energy-5 Year History 30% 20% 10% 0% -10% -20% -30% 1108 112009 112010 112011 112012 1/2013 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 tNs economic indicator are below. Inflation Rate Forecast:Enorgy 10 Year Chart-CM-Enoriv US Inflation Rate Forecast 53 Yoar Graph-Consumer Price Index-EnRM 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 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 Lost 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) Low(Last 12 Months) -8-9% (August,2012) High(Since January,1958) 471% (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%.Thats 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 briflation rate for the 12 months ended in August,2013 that is dose to 6.32%n. 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 innation in me energy price index was 4.t*-ia. I ne average rain over ire rase i u 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 Rater 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.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.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 AN Urban Consurner&Energy,hereInafter referred as the energy price index Annual US Energy inflation Rate Last Month 19,9% Last Year.............. 12% Last 5 Years 27% Last 10 Years....... ... .....7.2% Last 20 Years 4.9% http://forecast-chart.com/inflation-usa-energy.html 9/6/2013 =DA M I D DIYYYYI LIABILITY INSURANC 013 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. 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PRODUCER NAME: CADE RASMUSSEN INSURANCE UNLIMITED PlICIE.,Ext:406-586-1818 AI FAx — ce),406^586 8881 �.� ..... 703 W MENDENHALIL ADDRIESS: CADE@MTINSURANCEUNLIMITEb.com BOZEMAN, MT 59715 INSURER(S)AFFORDING COVERAGE NAIL# INSURERA.AUSTIN MUTUAL INSURANCE COMPANY INSURED INSURER B DON DICKSON INSURER C: TRIPLE R MITIGATION INSURE D: 6640 SYPES°�CAnNryYON RD INSURERS: BOZEMAN Ml 53!15 1 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ENSURED 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. 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ACORD 25(2018105) The ACORD name and logo are registered marks of ACORD Printed by CCR on October 18,2013 at 0874SAM 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)/Land lord, 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