CONTRACTUAL AGREEMENT(Seismic Reinforcement)
THIS AGREEMENT is between TITLE FNAME LNAME of ADDRESS STREET
CITY, ST ZIP, and the contractor, Seismic Safety, Inc. (626)
791-2300 of 1410 N. Lake Ave., Pasadena CA 91104.
We appreciate your kind and courteous recognition of our good
reputation, we promise to honor your trust in asking us to help you
take this vital step. This facility provided a visual inspection of
your substructure. We present the following for your prudent
protection:
THE PROJECT ADDRESS:ADDRESS STREETCITY, ST ZIP
SPIRIT OF THE PROJECT Homes retrofitted against earthquake
vulnerabilities are safer to live in and easier to sell and to
insure. These retrofit measures are intended to significantly
reduce damage and increase occupant safety.
(1.) We will submit the Los Angeles City Prescriptive Standard
Plan to the local building authorities for a work permit. (2.) Work
will be performed in a professional manner with the personnel of
Seismic Safety, Inc. (3.) All materials will meet or exceed
industry's standards. (4.) Our work crew will be dedicated to your
project and will actively and diligently pursue it to completion,
except for delays caused by acts of God, inclement weather, changes
in the work, and /or failure of the owner to make prompt progress
payments. Commencement and completion to be by mutual agreement
prior to commencement. (5.) The objective of locking the floor
plane, through the perimeter seismic load path, to the foundation
system will be accomplished as follows:
1. Install steel anchor bolts along the perimeter foundation.
Bolts to be spaced at 12 from corners and at 72 intervals
thereafter. Anchors to be 5/8 diameter by 6 expansion type. Install
steel anchor plates in lieu of bolts where short or no cripple
walls exist (1/2 diameter bolts at plates).2. Install additional
cripple studs and 2x blocking as needed. Install struct 1 plywood
along the perimeter cripple walls. Coverage to be 50% minimum. Core
3 diameter ventilation holes covered with screen mesh.3. To insure
house to sill fastening, we also provide metal framing anchors at
24" centers at the entire rim joist perimeter. Where the rim joist
is absent, new 2x blocking will be installed between the floor
joists at 48" centers with two metal anchors connecting each new
block to the existing sill plate. 4. Building permit and fees
required by the local building authorities for voluntary bolting
and bracing only.5. Clean up the job site of all debris generated
by this work.6. Contractor will be allowed display of trade sign
for one week prior to commencement and until final payment is made.
($120.00 allowance has been built into base price for this
privilege.)
CONTRACT DOCUMENTS: The contract documents consist of this
agreement, building permit, approved details, and all other addenda
issued prior to execution of this agreement. These form the
contract and are as fully a part of the contract as if attached to
this agreement or repeated herein.
CHANGES: The homeowner may make changes in the work as the work
progresses, however if the homeowner, his agents, his assigns, his
representatives, or any public bodies cause any changes to be made,
such changes will be performed under an industry standard change
order form.
COST OF THE WORK: The owner agrees to pay the contractor the sum
of ($.00) as follows: 10% as an acceptance down payment and a
secured position on startup list; 40% upon commencement, 40% upon
completion, and the remainder upon final inspection and approval by
the local building authority.
STRUCTURAL CORRECTION: This fully insured contractor has been
reinforcing homes in the San Gabriel and San Fernando Valleys since
1954, traditionally limiting performance to structural repairs,
hazard reductions, and adjustments; therefore, this work will also
be limited to that expertise. Cosmetic repairs are specifically
excluded.
SPECIFIC EXCLUSIONS 1.Removal or handling of hazardous materials
or personal property. 2. Our crews have been trained to be
especially careful around plumbing, alarm and other wiring, and the
like in older homes. However, due to the limited access and
possible fragile nature of some of these installations, rerouting,
reconditioning, or repairing of utilities lines or conduits are not
considered a part of this agreement.3.Landscaping or
gardening.4.Cosmetic work of any description, i.e., painting,
finish carpentry, stucco or plaster repairs, etc.5.Some
municipalities are requiring installation of smoke alarms and
earthquake activated gas shut off valves as a condition of clearing
a final inspection. While we subscribe to the spirit of this
endeavor, smoke alarms and earthquake activated gas shut off valves
are not a part of this agreement and therefore will in no way
affect this contract or the payment schedule.6.Areas of the
structure on concrete slab foundation. Owner initials x
________
NOTICE TO OWNERSection 7018.5 of the Business and Professions
Code requires that each contractor licensed under this chapter,
prior to entering into a contract with an owner for work specified
as home improvement or swimming pool construction pursuant to
Section 7159, give a copy of the following "Notice to Owner" to the
owner, the owner's agent, or the payer. The cost of the work
presented in this proposal is based on visual evidence and on
professional experience with similar construction and the
limitations of access and exposure at the time of inspection only.
No destructive or intrusive testing was requested, attempted, or
performed. It is possible that additional flaws or weaknesses may
be concealed and not visibly evident at this time. Conclusions and
recommendations are subject to change, if warranted, if additional
information becomes evident. No warranty was expressed, implied, or
intended for items or conditions that were not readily visible at
the time of our inspection The failure to provide this notice as
required shall constitute grounds for disciplinary action. "Under
the California Mechanics' Lien Law, any contractor, subcontractor,
laborer, supplier, or other person or entity who helps to improve
your property, but is not paid for his or her work or supplies, has
a right to place a lien on your home, land, or property where the
work was performed and to sue you in court to obtain payment. This
means that after a court hearing, your home, land, and property
could be sold by a court officer and the proceeds of the sale used
to satisfy what you owe. This can happen even if you have paid your
contractor in full if the contractor's subcontractors, laborers, or
suppliers remain unpaid. To preserve their rights to file a claim
or lien against your property, certain claimants such as
subcontractors or material suppliers are each required to provide
you with a document called a "Preliminary Notice." Contractors and
laborers who contract with owners directly do not have to provide
such notice since you are aware of their existence as an owner. A
preliminary notice is not a lien against your property. Its purpose
is to notify you of persons or entities that may have a right to
file a lien against your property if they are not paid. In order to
perfect their lien rights, a contractor, subcontractor, supplier,
or laborer must file a mechanics' lien against your property.
Generally, the maximum time allowed for filing a mechanics' lien
against your property is 90 days after substantial completion of
your project.
TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU
MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:(1) Require
that your contractor supply you with a payment and performance bond
(not a license bond), which provides that the bonding company will
either complete the project or pay damages up to the amount of the
bond. This payment and performance bond as well as a copy of the
construction contract should be filed with the county recorder for
your further protection. The payment and performance bond will
usually cost from 1 to 5 percent of the contract amount depending
on the contractor's bonding ability. If a contractor cannot obtain
such bonding, it may indicate his or her financial incapacity. (2)
Require that payments be made directly to subcontractors and
material suppliers through a joint control. Funding services may be
available, for a fee, in your area which will establish voucher or
other means of payment to your contractor. These services may also
provide you with lien waivers and other forms of protection. Any
joint control agreement should include the addendum approved by the
registrar. (3) Issue joint checks for payment, made out to both
your contractor and subcontractors or material suppliers involved
in the project. The joint checks should be made payable to the
persons or entities which send preliminary notices to you. Those
persons or entities have indicated that they may have lien rights
on your property, therefore you need to protect yourself. This will
help to insure that all person due payment are actually paid. (4)
Upon making payment on any completed phase of the project, and
before making any further payments, require your contractor to
provide you with unconditional "Waiver and Release" forms signed by
each material supplier, subcontractor, and laborer involved in that
portion of the work for which payment was made. The statutory lien
releases are set forth in exact language in Section 3262 of the
Civil Code. Most stationery stores will sell the "Waiver and
Release" forms if your contractor does not have them. The material
suppliers, subcontractors, and laborers that you obtain releases
from are those persons or entities who have filed preliminary
notices with you. If you are not certain of the material suppliers,
subcontractors, and laborers working on your project, you may
obtain a list from your contractor. On projects involving
improvements to a single-family residence or a duplex owned by the
individuals, the person signing these releases lose the right to
file a mechanics' lien claim against your property. In other types
of construction, this protection may still be important, but may
not be as complete. To protect yourself under this option, you must
be certain that all material suppliers, subcontractors, and
laborers have signed the "Waiver and Release" form. If a mechanics'
lien has been filed against your property, it can only be
voluntarily released by a recorded "Release of Mechanics' Lien"
signed by the person or entity that filed the mechanics' lien
against your property unless the lawsuit to enforce the lien was
not timely filed. You should not make any final payments until any
and all such liens are removed. You should consult an attorney if a
lien is filed against your property. CONTRACTORS are required by
law to be licensed and regulated by the Contractors State License
Board. Any disputes arising out of this agreement will be settled
by arbitration. NOTE: Our anchoring system greatly increases
resistance of lateral forces generated during a major ground motion
event; however, our system will not, nor will any other system,
reduce plaster cracks, etc. Any questions concerning a contractor
may be referred to the Registrar, Contractors State License Board,
9835 Goeth Rd., Sacramento, CA 95827. Mailing address: P. O. Box
26000, Sacramento, CA 95826.
This offer may be withdrawn due to non-acceptance after,
2015.
Accepted this day of in the year 2015
OWNER OWNER _____________________________
CONTRACTOR Edmund J. Sylvis, PresidentSeismic Safety, IncLicense
#662926
