Download Mitigation_Contract

Disclaimer of Liability: With respect to documents available as a resource, CERTI makes any
warranty, express or implied, including the warranties of merchantability and fitness for a
particular purpose, or assumes any legal liability or responsibility for the accuracy,
completeness, or usefulness of any information, product, or process disclosed, or represents that
its use would not infringe privately owned rights.
To use this form, do the following:
 Delete this top portion
 Replace Company Name wherever included, with your company name
 Complete the red sections as appropriate.
*****************************************************
COMPANY NAME
PROPOSAL FOR SERVICES
PROPOSAL DATE:
PROPOSAL NUMBER:
____________
____________
Company Name hereby submits specifications and estimates for radon reduction repairs to
_____Client Name________________ ("Owner") or Authorized Agent ("Agent") for Owner of
the property located at _______Client Address________________________ (“Property”).
The property has been determined to have an average indoor radon level above 4.0 pCi/L and/or
radon decay product level above 0.02 WL. The US EPA recommends taking action to mitigate
homes with readings above 4.0 pCi/L or 0.02 WL (“ Compliance Level” ).
PHASE I:
In consideration of the payment of $__________ Company Name will complete the following
work:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
TOTAL COST OF PHASE I: $____________
PHASE II
In consideration of the payment of $___________ Company Name will complete the following
work:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
TOTAL COST OF PHASE II: $_________________
ADHERENCE TO MITIGATION STANDARDS:
System to be installed per EPA’s RADON MITIGATION STANDARDS, October 1993 (Rev,
April 1994), in order to assure the homeowner that the most cost effective installation occurs.
Please contact your local EPA office to obtain a free copy of RADON MITIGATION
STANDARDS and EPA's "Citizen's Guide to Radon."
OPERATION COSTS:
The operating cost of each fan is expected to be equal to the cost of operating a 60 watt light
bulb. This does not preclude minor operating costs in the home heating system which can be
reduced with additional caulking and sealing that may be indicated as an option to this proposal.
COMPLIANCE LEVEL:
The goal of the work described within this contract is to reduce radon decay product
concentrations within the Property such that an annual average of radon decay products is less
than the Compliance Level of 0.02 working levels or as expressed in equilibrium equivalent
radon concentrations of 4.0 pCi/l (herein referred to as the “ Compliance Level” ). Should both
radon gas measurements and radon decay product measurements be utilized in characterizing the
effectiveness of the system, the radon decay product measurements shall take precedence.
Should radon decay product measurements (measured in Working Levels - WL) be converted to
an equilibrium equivalent radon gas concentration (EER), an equilibrium factor of 50% shall be
utilized in accordance with EPA protocols, utilizing the following formula: EER = 100*RDP
(WL)/0.5
Should the satisfactory results of the work be based upon reduction in radon decay products, the
client is advised that to assess future conformance with the “ Compliance Level” measurement
devices that directly measure radon decay products will be necessary.
GUARANTEE:
Company Name agrees that upon completion of the work described above through Phase I
________ (initial) and/or Phase II ________ (initial), a short-term radon and radon decay
product test shall be performed on the property. This initial test will be provided by Company
Name and deployed by owner/agent per instructions provided by Company Name.
Should the results of the post-mitigation diagnostic test be less than the Compliance Level, no
further work will be performed. Owner/Agent has the right to perform further short-term testing
to determine compliance utilizing an independent third-party testing company. Said testing
company to be specified below, and to be mutually acceptable to Owner/Agent and Company
Name.
Should the results of the post-mitigation diagnostic test be greater than the Compliance Level,
and providing that all of the phases of work thought to be necessary to adequately reduce radon
decay products below the Compliance Level, have been completed, Company Name will return
and make any necessary repairs, at no further cost to Owner/Agent, his/her assigns, or
subsequent homeowners (as described in warranty below) to reduce the levels.
In the event that more than one phase of work has been proposed above, a post installation shortterm measurement will be made to determine the need for completion of the subsequent phases
of work proposed. If the result of this measurement is in excess of the Compliance Level, the
Owner/Agent may authorize Company Name to complete the additional phases of work
necessary for Company Name's guarantee to go into effect.
The work described above is for reducing radon decay product concentrations within the
building such that an annual average of radon decay products is less than the Compliance Level
of 0.02 working levels, or as expressed in equilibrium equivalent radon concentrations of 4.0
pCi/l, from concentrations in the building that are specifically derived from the entry of radon
from the soil beneath it. It does not guarantee reduction of radon concentrations that may arise
due to the entry of radon from building materials and/or water supplies to the home or the
presence of rock specimens that the occupant may bring into the home. Company Name’s
technician will, however, attempt to identify these rare entry points to the homeowner during the
visual inspection of the property and will disclose these sources and recommend additional
diagnostic work prior to the execution of this proposal.
WARRANTY/SERVICE AGREEMENT:
Company Name further warrants for a period of one year that an annual average of radon and its
decay products from soil gas, based on measurements from a long-term testing device provided
with the warranty, which is deployed in the lowest livable level of the home, as described in the
Guarantee Section of this document, will be below Compliance Level. Should the result of the
year-long measurement be in excess of Compliance Level, and all phases described above have
been completed, Company Name will perform necessary repairs to the system with warranty recompliance determined by use of short-term measurements by the methods described in the
guarantee portion of this proposal. Note that return of this device prior to 12 months of
deployment, will void warranty.
The conditions of the guarantee portion of this proposal guarantee that radon in the home will not
be in excess of the Compliance Level after completion of the above specified number of phases.
Post-mitigation testing after completion of one or more of these phases, but prior to completion
of all specified phases, may or may not show measurement below the Compliance Level, and the
decision may have been reached that further work is unnecessary. However, the conditions of
this proposal state that reduction will be guaranteed after completion of all phases. Should the
year-long warranty compliance test indicate that average levels have not remained below the
Compliance Level, the provisions of the warranty will not be in effect until the work described in
the uncompleted phases is performed and payment in full has been received by Company Name.
This warranty is made specifically to the Owner/Agent authorizing this work. However, it is
transferable to subsequent homeowners of the Property. Transfer may be executed by notifying
Company Name's office of the name of the new owner in writing, within 20 days of owner
transfer, along with a $25 processing fee. Renewal of this warranty for an additional 12 month
period is available to the individual holding the warranty at the end of the 12 month warranty
period. The option to renew this warranty for an additional 12 months is to be executed in
writing before expiration of the existing warranty, and accompanied by a payment for $185.00.
Both the guarantee and warranty apply only to the original structure on which radon mitigation
has been performed according to this agreement. Any alterations, additions, or remodeling
performed on the home after said mitigation is completed will void the guarantee and warranty.
Radon and its decay products have been determined to be a potential cause of lung cancer.
Owner/Agent understands that should ownership of the property change, state disclosure laws
may require Owner/Agent to disclose information regarding the status of radon levels and/or the
existence of a radon reduction system to a potential new owner. Company Name is held
harmless for the responsibility of notification regarding radon levels and mitigation systems in
respect to any future Owner.
Owner/Agent agrees not to hold Company Name or its employees liable for any injuries or
damages related to radon in the home except for the cost of any repairs performed on behalf of
Owner/Agent.
The prices and terms of this proposal may be withdrawn by Company Name if not accepted
within twenty (20) days of the date of this proposal.
PAYMENT TERMS:
A down-payment of fifty percent (50%) of the contract amount is required upon acceptance of
this proposal, with the balance due upon completion of the work. Should this proposal entail a
phased approach, the terms shall be as follows: Fifty-percent (50%) of each phase amount to be
paid prior to commencement of work as described on page one for that phase; with the balance
of each phase amount to be paid in full upon completion of that phase.
All money due under this agreement shall be paid to Company Name, or its assigns. If the
Owner/Agent fails to make any payment due Company Name for services and expenses within
fifteen (15) calendar days after receipt of Company Name's statement, there may be added a
surcharge of one percent (1%) of the amount due Company Name. If Owner/Agent fails to make
any payment and surcharge due Company Name within thirty (30) days after receipt of Company
Name's statement, Company Name may take any legal action available to it, and Owner/Agent
shall pay twenty percent (20%) of, and in addition to, amounts incurred by Company Name for
collection expenses through a collection agency and any reasonable attorney's fees, plus any
additional expenses incurred by Company Name in attempting to assist in any collection efforts,
in addition to the fee and surcharge owed by Owner/Agent to Company Name.
This estimate and design description has been prepared for the addressee, and is confidential in
nature. Design details are not to be used for solicitation of bids unless consent is expressly given
by Company Name. The overall cost, however, is not considered to be confidential.
ACCEPTANCE OF PROPOSAL:
The above specifications and price are satisfactory. I have read and understand the conditions
contained in this document. These prices, specifications and conditions are hereby accepted.
You are authorized to do the work as specified. Payment will be made as outlined above.
COMPANY NAME
Signature: ______________________________________
Date: ____________________
Certification Number: ____________________________
OWNER/AGENT ACCEPTANCE FOR PHASE I:
Signature: ______________________________________
Date: ____________________
OWNER/AGENT ACCEPTANCE FOR PHASE II:
Signature: ______________________________________
Date: ____________________
ACCEPTANCE OF THIRD PARTY TESTING COMPANY:
______(Name of Testing Company_________________________________________________
Owner/Agent Signature: __________________________________
Date: _______________
Company Name Signature: _______________________________
Date: _______________
TESTING COMPANY WAIVED:
Owner/Agent Signature: __________________________________
Date: _______________
Company Name Signature: _______________________________
Date: _______________