1

MGCE16-068MG April 12, 2016

C/O: Nazzi Shishido, Alain Pinel Realtors 750 University Avenue, Suite 150 Los Gatos, CA 95032 RE: Elevated Wood Frame Front Parking Deck and Related Foundation Condition Inspection for 110 Hill Top Road, Los Gatos, CA 95033

Based on the direction by Nazzi Shishido of Alain Pinel Realtors, MG Constructors & Engineers Inc. (Mark Garrison) performed a summary specific condition elevated wood deck and related foundation inspection to evaluate the overall condition of the existing wood parking deck structure and garage floor frame. The purpose of this report and evaluation is to review the foundation, floor diaphragm and related support structure and drainage for current condition, and recommend repairs if necessary.

Findings: The existing foundation is a combined reinforced cast in place concrete drilled pier footing, post and beam supported wood covered deck foundation and frame typical of mountain properties. The elevated deck is hillside construction, with tiered foundation and support framing following the topography. The supporting structure is a standard post, beam and joist supported wood plank floor over the crawl space at standard spacing. The foundation is original construction, with previous significant structural modifications to the existing structure Professionally Engineered by ATI Engineering Services, and performed by Greco Construction in 1991. The current owner gave us for review the previous engineering design and construction correspondence, including the original and subsequent building permit for the elevated deck and related repairs. Since that time minor repairs were noted in the front corner and railing during our inspection that appear to be

M G C O N S T R U C T O R S & E N G I N E E R S E N G I N E E R S , I N S P E C T O R S , B U I L D E R S

C A L I F O R N I A E N G I N E E R I N G A N D B U I L D I N G L I C E N S E

A / B 6 4 2 0 5 8

2

acceptable as of this writing. The foundation is a drilled pier foundation, with original and subsequent engineering documents, engineering drawings, and structural notes available for review and comparison of the foundation design, related components to existing. The condition of the foundation, floor diaphragm, and visible structure overall are in apparent good and continued service providing condition, with the following observations regarding the critical elements of the foundation and related components. a) Concrete Foundation of Deck Support Posts: The existing concrete foundation is in overall

good condition, originally formed, placed, consolidated and installed within acceptable guidelines for structural concrete at the time of construction. No cracks of significance or other deleterious conditions were noted throughout the cast in place concrete foundation.

b) Wood Deck and Structural Diaphragm: The floor diaphragm of the visible deck is professionally designed and installed standard supported wood plank floor. The girder and floor joist sizes were inspected and show no visible signs of over spanning, under sizing or other deleterious issues. There are no visible areas of significant movement, separation of support members or other issues. The top of the deck is covered with an epoxy slurry mix to protect and add durability to the surface. The bottom side of the deck is exposed, and is showing minor to moderate signs of age and water related exposure typical with exterior decks. (1) We tested the decks structural members with a small diameter drill per modified Talbot testing†, to determine if there was a prevalent amount of noted interior rot or damage to the support structure and deck materials. With over 75 areas tested, no significant dry rot, or related structural damage was noted (Reference photos #1 and 2). Recommended Action: Treat support structure throughout with acceptable wood preservative to extend the life of the wood deck, and mitigate age and weather related damage to exposed underframe structure per professional guidelines.

Photo #1, Drilled Talbot sample through structural deck members – over 75 locations

3

Photo #2, Test drilling elevated support joists under the garage area a) Seismic Hardware: Anchor bolts; hold down hardware, lateral bracing, shear wall plywood

panels and related seismic hardware are installed throughout, per the original and subsequent 1991 work correctly and at proper spacing/location per building codes and acceptable construction guidelines at the time of reconstruction. There is minor/incipient corrosion noted throughout the hardware, but it appears to be within acceptable ranges as of this writing. No further action required as of this writing, monitor per item #2 noted below.

b) Floor Elevation Survey: The support structure was measured with a liquid level throughout,

with over 20 locations checked. The deck is easily within the 1” in 20 lateral foot allowable variance. The minimal frame and deck variance indicates there has been very little foundation settlement throughout the floor diaphragm, further evidence of a properly designed and built foundation. No further action required at this writing, monitor per maintenance recommendation #2 below.

c) Crawl Space Drainage: It is important to minimize seasonal water entry into the crawl space, to keep the foundation structure dry. For hillside geographical areas, it is common for seasonal water intrusion into the crawl space. There is existing drainage that appears to be functioning as designed, and is minimizing the amount of hillside seasonal surface flow of water. The overall condition is good with no exceptions at this writing.

d) Exterior Drainage and Grading: The area of the deck and sub structure/crawl space is well

hillside topography, with installed drainage diversion systems at the upper sections around the structure. The installation and condition appear to be in acceptable continued service providing condition as previously installed. There are areas where there are minor

4

concentrations of flow that should be monitored along with the functionality of the drainage system previously installed (Reference photo #3). Recommended Action: The existing drainage systems should be annually cleaned, serviced and tested to make sure that they are functioning effectively per the original design and installation and not leaking, plugged, modified, etc. Maintain per items 1, 3 and 4 below.

Photo #3, Below structure drainage

Photo #3, Front retaining wall in front of deck at driveway e) Exterior Retaining Wall below Driveway: There is a lower structural reinforced concrete

and Concrete Masonry Unit (CMU) retaining wall in the front of the deck that appears to be in good/continued service providing condition, with no noted issues of significance as of this writing (Reference photo #4). Monitor and maintain per item 2 below.

5

Maintenance: As a recommended standard, it is important to maintain existing drainage controls, and implement the following recommendations as the standard for maintenance of foundations, floor frames and related drainage systems:

1. Keep roof, rain gutters, downspouts and exterior irrigation and drain lines directed away from foundation to lower

areas of the site. 2. Have qualified professional review and evaluate existing foundation and drainage conditions every 2-3 years or

after a seismic event of significance. 3. Monitor exterior plantings and irrigation near foundation for degradation changes over time, by a qualified

professional. 4. Maintain proper function of existing interior and exterior drain lines and related drainage catch basins, diversion

swales and related hardscapes. 5. Maintain standard pest maintenance/treatment by a qualified professional.

Summary: The overall condition of the foundation, support framing and related floor diaphragm components all appear to be in acceptable and continued service condition, without exception where evaluated and tested throughout the parking deck and support structure. We strongly recommend implementing a standard monitoring and maintenance program as recommended above. Additionally, the bottom of the structure is recommended to be treated with a high quality wood preservative, and integrated into part of the long-term maintenance of the wood structure. The site drainage appears to be in acceptable condition, but should be maintained annually as noted above. Sincerely, Mark R. Garrison Owner, MG Constructors & Engineers Inc. California Engineering and Building License A/B642058 Disclaimer: This inspection report has been developed and prepared to address observations, site conditions and evaluations relating to professional construction standards at the time of construction for this type of structure. Current Building Code (2006 IBC/2007 CBC) is revised from original construction, and is only used as a basis of knowledge, not as a comparison. This inspection report is contingent only on what was visible at the time of inspection, and excludes any hidden, latent or other defects/situations which were undetectable to the naked eye during inspection. Neither MGC&E Inc., Mark Garrison, nor Tim K. Garrison, P.E. assumes any liability for all unforeseen problems. This report should not be construed as a warranty of any kind, express or implied

1. Testing performed on the exterior front support deck glue-laminated beams, and supporting joists was a modified Talbot Probe (Talbot, JW Unpublished research. Washington State University, Pullman, WA, 1982. 3. Ross, RJ Nondestructive testing for assessing wood members in structures) by drilling with a small diameter bit into/through the structural members. The solid wood resists drilling, while the damaged/rotted support deck members give little resistance. † Online Book Reference: https://books.google.com/books?id=SFx1J8MUBEC&pg=PA60&lpg=PA60&dq=talbot +wood+testing&source=bl&ots=jrIGecvs22&sig=0EQnzMIU3clh0-PHPo7im9gc LXI&hl=en&sa=X&ved=0ahUKEwid7ezJuYn MAhUOwmMKHU-jBwAQ6AEILTAC#v=onepage&q=talbot%20wood%20testing&f=false †Nondestructive Evaluation of Wood-edited by Forest Service (U S), Forest Products Laboratory (U S), Robert J. Ross; Chapter 5, pages 59-64

1 5 6 5 0 V I N E Y A R D B L V D , S U I T E A , # 2 3 2 • M O R G A N H I L L , C A • 9 5 0 3 7

P H O N E : ( 4 0 8 ) 8 4 2 - 5 5 9 9 • F A X : ( 8 8 8 ) 2 3 4 - 8 0 5 7

MG Constructors & Engineers, Inc. Job Proposal/Contract. Rev. September 2014

1

MG Constructors & Engineers, Inc. 15650 Vineyard Blvd. #232, Suite A

Morgan Hill, CA 95037, CA License A/B 642058 Phone (408) 842-5599 Fax (408) 842-5655

MGCE16-070MG April 12, 2016

Cam and Leslie Ackerman

110 Hill Top Road

Los Gatos, CA 95033

RE: Wood Frame Front Parking Deck to Back of Garage Preservative Spraying for 110 Hill Top Road, Los Gatos, CA 95033

Item: Scope of Work Totals

1 Mobilize Spray Rig, Materials, Set up Ladders $ 977.98

2 Spray Walls and Columns - V.O.C. Compliant $ 2,820.10

3 Spray Underside of Deck, and Support Joists/Beams - V.O.C. Compliant $ 11,063.38

4 Clean Up, Demobilize $ 977.98

TOTAL COSTS $ 15,839.43 Notes: Design: Not Required or included. Permit: Not required or included. Construction: Workmen to access all necessary areas for duration of work. Work can be performed with owners living in residence; however there may be noise, odors, dust and associated disturbances normal with this type of crawl space work. Work Schedule: Time Duration: Construction up to 5 days to complete. Start Date to be coordinated with Owner, after receipt of signed proposal and materials deposit. Warrantee for one year on all above labor and material items. Proposal only includes work noted above. Terms: 1. This proposal is good for 30 days from date shown. 2. Once accepted, this Accepted Proposal becomes a legally binding contract. The provisions of this Accepted Proposal shall be

interpreted under the laws of the State of California and the United States of America applicable in California. 3. MG Constructors & Engineers, Inc. (MGC&E), the Contractor, warrants to the customer that all materials and equipment

supplied under this Accepted Proposal shall be new unless otherwise agreed and all work shall be completed in a professional manner, of good quality, and according to current standard practices and or the Building Code (CBC).

4. MGC&E and their affiliates assume no responsibility for prior work done by others 5. Project will be billed every 2 weeks. All invoices are due upon receipt. A 2% late charge is applied after 15 days plus 1 ½% per

month (18% per annum) on unpaid balance. Any unpaid balance is actionable after 45 days and customer is liable for collection costs, suit costs, and attorney fees on unpaid invoices.

6. Time is of the essence regarding acceptance of this proposal and all obligations and duties arising upon acceptance. 7. Changes in scope of work resulting from additions, deletions or revisions by the customer, differing site conditions, or other

factors beyond Contractor’s control that affect the cost of this proposal shall be agreed to by Contractor and customer before work is commenced that changes scope.

8. Work may be suspended if payment is not timely made by the customer, or if the scope of work is changed due to differing site conditions, changes by the customer, unavailability of construction materials at approximate cost used for this proposal, or other circumstances beyond Contractor’s control.

9. Customer agrees to make the job site available to Contractor for the duration of work and Contractor agrees to make all work accessible at reasonable times for customer inspection.

10. If any person unnecessarily interferes with or inhibits Contractor’s performance of this Accepted Proposal, customer grants Contractor the right to cause said person to be removed from the job site, or in the alternative, suspend or terminate work without penalty and receive legal and or equitable adjustment in this proposal price and or proposal time (if applicable), with all compensation due contractor under this Accepted Proposal being fully enforceable.

11. The customer may terminate this proposal at any time upon written notice to the Contractor. Upon termination, the Contractor shall be paid actual costs for work performed to termination, cost to terminate project including subcontractor termination charges, plus 20% of Contractor’s actual and incurred costs.

12. If any provision of this Accepted Proposal is prohibited, limited, or held to be invalid, illegal or unenforceable, the remaining provisions shall not be affected and shall continue to be fully enforceable.

MG Constructors & Engineers, Inc. Job Proposal/Contract. Rev. September 2014

2

13. Any alteration or deviation from above specifications involving extra costs will be executed only upon written work order, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control.

14. Neither MG Constructors nor their affiliates assume any responsibility for any latent soil, structural, or other conditions that are not a part of this proposal. Proposed work conforms to Building Code (CBC), engineered drawings, or manufacturer’s recommendations. These upgrades do not upgrade Uniform Building Code requirements from time of construction to current, except as addressed in this proposal.

15. MG Constructors & Engineers, Inc. is a California Licensed Engineering and Building Contractor, and follows the guidelines as established under California State Licensing Board (CSLB) and their governing jurisdictions. Contact: ww.cslb.ca.gov or (800) 321-2752 for more information.

16. MG Constructors & Engineers is covered with general liability insurance and worker’s compensation insurances. 17. Landscaping in areas of work may be removed or potentially damaged, due to application of work. Landscaping and other

unrelated finish work is not a part of this proposal. 18. Owner to supply power and water for the duration of work performed. 19. Unless specified in the scope of work, the terms of this contract exclude the following: soils testing and reports, special

Inspections, all underground demolition including piers, determination, handling or removal of contaminated materials, excavating or ripping of excessively wet materials or lime treating, rock excavation, unstable soils, removal of soil or debris from other trades, marking, location, and depth of existing utilities, unmarked private utilities (owner to provide locations and depths), pipe installation to run at a straight grade, delays not directly caused by contractors or its subcontractors, required plan or construction changes by the governing authority, damage to old, deteriorated or improperly installed phone, alarm, or electrical wiring, building code updates other than work being performed, relocation of utilities or obstructions in path of work, professional interior cleaning services, damage to existing asphalt, concrete, or other finish surfaces due to heavy equipment such as excavators, backhoes, etc., unpermitted work, open permits, and expired permits.

20. Payment: A 25% Materials deposit is due prior to start of work. Payment is due upon receipt of invoice every other Wednesday. Final payment is due at the time of successful completion. Any late payments may incur late fees. “Bill Pay Service” will not be accepted as a form of payment. All payments are to be remitted to the crew on-site, or prearranged with the Office Manager.

STATUTORY NOTICE TO OWNER

Under the California Mechanics' Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity that 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 with the county recorder which then becomes a recorded 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. You may wish to protect yourself against this consequence by requiring your contractor furnish you an unconditional waiver and release signed by the entity who sent you a preliminary notice; or (3) any other method or device that is appropriate under the circumstances. On projects involving improvements to a single-family residence or a duplex owned by individuals, the persons signing the unconditional waiver and release loses the right to file a mechanics' lien claim against your property. 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. Customer Acceptance ___________________________________________________Print: ____________________________ Mailing Address: _______________________________________________________ Date: ___________________________ Email Address: __________________________________________________________Phone: _________________________

1

MGCE16-068MG April 21, 2016

C/O: Nazzi Shishido, Alain Pinel Realtors 750 University Avenue, Suite 150 Los Gatos, CA 95032 RE: Elevated Wood Frame Front Parking Deck Preservative Treatment 110 Hill Top Road, Los Gatos, CA 95033 In accordance with our previous recommendations and client approval, MG Constructors & Engineers, Inc. applied a professional grade Water Sealer in accordance with manufacturer recommendations for the entire support structure from the front of the deck to the rear below the garage, including the support posts, columns, walls and abutments. We recommend the deck be professionally inspected every 2-3 years, or after a seismic event of significance by a qualified individual, to check for and signs of degradation or damage. The reapplication of a compatible wood seal is recommended every +/-5 years with a professional grade preservative by a qualified installer. Sincerely, Mark R. Garrison Principal, MG Constructors & Engineers Inc. California Engineering and Building License A/B642058

M G C O N S T R U C T O R S & E N G I N E E R S E N G I N E E R S , I N S P E C T O R S , B U I L D E R S

C A L I F O R N I A E N G I N E E R I N G A N D B U I L D I N G L I C E N S E

A / B 6 4 2 0 5 8

1 5 6 5 0 V I N E Y A R D B L V D , S U I T E A , # 2 3 2 • M O R G A N H I L L , C A • 9 5 0 3 7

P H O N E : ( 4 0 8 ) 8 4 2 - 5 5 9 9 • F A X : ( 8 8 8 ) 2 3 4 - 8 0 5 7