12-1115_ALLEN DESIGNS_ProposalALLEN DESIGNS
CONSULTING STRUCTURAL ENGINEERS
Hospitality. Medical - Cornmorcial- Recidennal
PROPOSAL FOR STRUCTURAL ENGINEERING SERVICES
Date:
October 92012
Owner:
City of San Juan Capistrano
Client:
City of San Juan Capistrano
Address:
31495 EI Camino Real
500.00
ATTN: Joe Mankawich
$
5500.00
32400 Paseo Adelanlo
San Juan Capistrano, CA 92675
Project:
Repairs to failed beam at La Sala Tower
City:
San Juan Capistrano, CA
San Juan Capistrano Library
21217 Proposal Revision 2.doc
SCOPE OF WORK:
This project consists of evaluating and providing associated structural engineering services to address the failed beam supporting the
tower at the San Juan Capistrano Library. From an engineering point of view, this project consists of three phases: Preliminary
Analysis and Evaluation, preparation of Construction Documents and construction services including structural observation, respond
to RFis and other associated tasks with the implementation of the design. Add: Provide an alternative design for second beam at
La Sala Tower consisting of post and pad footing, location as directed by client.
ADDITIONAL SERVICES:
Allen Designs will provide the following services as Additional Services:
• Design revisions which affect the engineering design.
• Review of alternative designs submitted via shop drawings or in similar fashion.
• Any other services requested by client related to this project through the acquisition of Certificate of Occupancy.
FEES AND REMUNERATION SCHEDULE:
For services described in Basic Scope of Work, services will be provided on a Fixed Fee basis as follows
Preliminary Analysis and Evaluation......................................................
$
1,500.00
Construction Documents.........................................................................$
3,500.00
Construction Services (Estimate) ............................................................$
500.00
Total .................. _....................... _.._._....................................................
$
5500.00
Invoices will be written at the above milestones or at the end of the month reflecting progress towards the above milestones.
CONSTRUCTION SERVICES:
All post plan check approval structural engineering services will be provided on a time and materials ("m needed") basis. However, at
least one Structural Observation will be required.
Additional services will be billed in accordance with the rate schedule below:
PROFESSIONAL SERVICES:
Structural Engineer S125.00/hr.
CADD Technician $75.011%,
Reimbursable expenses will be included with each invoice as they occur.
REIMBURSABLE EXPENSES:
Markup on outside services (printing, etc.) 10%
LIMITATION OF LIABILITY—Standard Limits:
In recognition of the relative risks, rewards and benefits of the project to both the Client and Allen Designs, the risks have been
allocated such that the Client agrees that, to the fullest extent permitted bylaw, Allen Desigre'total liability to the Client for any and
all injuries, claims, losses, expenses, damages or claim expenses arising out of this Agreement from any cause or causes, shall not
32302 Camino Capiecreno. Suite 208, Sen Juan Caplecnano. CA 92875 V (949) 2499699 • F (949] 2032509
ALLEN DESIGNS Page
CONSULTING STRUCTURAL ENGINEERS
exceed $250,000. Such causes include, but are not limited to, Allen Designs' negligence errors, omissions, and strict liability, breach
of contract of warranty.
INVOICING:
Invoices will be written and mailed in accordance with remuneration schedule on previous sheet These invoices will be due and
payable 30 calendar days after invoice dale. There are no "paid where f paid" provisions in this agreement. ALLEN DESIGNS
reserves the right to suspend work if payment is not received per the terms of this agreement. In the event any action is brought to
enforce any of the provisions of this agreement, the prevailing party or parties shall be entitled to recover his/their/its reasonable
attorney's fees incurred therein.
COPYRIGHTS:
Allen Designs shall retain all copyrights to the engineering that it delivers but shall extend those copyrights for the purpose of
construction of the specific project as described in this proposal. Engineering may also be used as reference for future alterations but
may not be reproduced or otherwise used as backgrounds for alterations designed by others. Should the engineering be reused without
the written consent of Allen Designs, Client will hold harmless Allen Designs for negligence, errors or omissions.
This proposal is
valid for 30 days.
ALLEN DESIGNS CI' Signature we
rimed arae �,f y/
21217 proposal Revision 2.doc
32302 Camino Capiaerano, Suica 2CB, San Joe, Caplavnw o. CA 92675 V (13,4S) 24B -858S • F (0499 205-2575
Al_L.EN L7ESIGNS
CONSULTING STRUCTURAL ENGINEERS
Hospitality. Medical • Commercial • Residential
October 5, 2012
Joe Mankawich
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Ref: AD4#21217 SJC Library Beam Repairs
Subj: Preliminary Findings Report
Joe;
On September 20th, at the request of Jim Friess of Friess Company Builders, I went to the La Sala
Tower of the San Juan Capistrano Library. There, I met with Ken as well as David Hubler and
Jim Ross with the City. Upon my arrival, I observed one failed Glu -Lam beam. This beam had
been shored by Friess prior to my arrival. At the site, we discussed possible causes of the
failure. At the time, I noted that the beam appeared to be small.
Upon receipt of the original design drawings, I prepared some preliminary calculations which
indicate that the subject glu-lam beam is overstressed. This is not due to one of the more
obscure loading combinations (such as roof live load) or new code provision. The critical load
combination is dead load only. For this load combination, the beam is overstressed 20%. This
result is also not due to a code change in allowable stresses. While the allowable stresses for
sawn lumber have changed over the years, they have remained essentially the same for as long
as I've been in practice. The only place where I can see there might be a discrepancy is my
interpretation of the dimensional controls on the original drawings. I scaled most of the
dimensions. The analysis is based on a 22 ft. span supporting a 16 foot square tower
approximately 14 feet tall. Also, based on these calculations, the beam deflects excessively. As I
mentioned at the jobsite, my rule of thumb is to size a glu-lam depth to be about 3/4 of span in
inches. For a 22 foot span, this would be 16.5 inches. A 5-1/8"46-1/2" glu-lam beam would
have been adequate both for deflections and stresses.
Upon further review of the original design drawings, I noticed that the framing at the children's
reading room is similar to that of the La Sala tower. During one of our site visits, I
recommended that we look at the ceiling in that area to see if any distress was visible. We both
noticed that the ceiling was sagging evidenced by the tilted ceiling light fixtures. At that point, I
recommended that this area be closed off from public access until we could investigate further.
Based on my experience and substantiated by structural calculations I prepared, I recommend
that the failed beam should be repaired by replacement consisting of a Parallel Strand Lumber
(PSL) beam primarily for its strength and straightness. I also recommended that the other three
beams (one in the La Sala Tower and two in the Children's Reading Room) be addressed in a
similar manner.
In our discussion, you suggested that I entertain the possibility of reducing the span of the beam
which have not failed by the introduction of a structural post. From a structural point of view,
32.302 Camino Capistrano, Suite 206, San Juan Capistrano, CA 92675 V (949) 248-8568 • F (949] 209-2509
ALLEN DESIGNS
CONSULTING BTRUCTURAL ENGINEERS Page 2
this would be an acceptable solution and would save construction costs by eliminating the need
to remove the existing beams. However, from a functional point of view, this does not appear to
be a practical solution in the Children's Reading Room due to the use of the space. The new
posts would interfere with the function of the space. However, a post in the remaining beam at
the La Sala Tower is a viable solution and will be included in the Construction Documents.
In a subsequent meeting (October 3, 2012) at the jobsite in which Ron Elbling of Crawford
Global Technical Services and Tommy Cochran of the Orange County Community Resources
were in attendance, it was noted that the two secondary beams were also sagging. This was
evidenced by the roof joist hangers pulling away from the beam. My opinion is that the entire
ceiling is sagging, so it would be logical for the joist hangers to be pulling away. I don't believe
these beams are failing or are subject to failure. They are the same size as the major beams, are
supporting much less load and have a shorter span.
Z
;
�-P—
T. William (Bill) Allen, S.E.
Encl. Preliminary Structural Calculations
31676 Del Obispo Suite 11 B-#513, San Juan Capistrano. CA 92675-3224 V (949) 246-6569 • F (9491209-2509
ALLEN McSIGNS
CONSULTING STRUCTURAL ENGINEERS
Hospitality. Medical • Commercial • Residential
PROPOSAL FOR STRUCTURAL ENGINEERING SERVICES
Date:
September 28 2012
Owner:
City of San Juan Capistrano
Client:
Ken Friess, e% Friess Construction
Address:
31495 El Camino Real
32332 Camino Capistrano, Suite 102
San Juan Capistrano, California 92675
Project:
Repairs to failed beam at La Sala Tower
City:
San Juan Capistrano, CA
San Juan Capistrano Library
21217 Proposal Revision l.doc
SCOPE OF WORK:
This project consists of evaluating and providing associated structural engineering services to address the failed beam supporting the
tower at the San Juan Capistrano Library. From an engineering point of view, this project consists of three phases: Preliminary
Analysis and Evaluation, preparation of Construction Documents and construction services including structural observation, respond
to RFIs and other associated tasks with the implementation of the design. Add: Address other tower which is framed similar and
provide an alternative design consisting of posts and pad footings, location as directed by client.
ADDITIONAL SERVICES:
Allen Designs will provide the following services as Additional Services:
• Design revisions which affect the engineering design.
• Review of alternative designs submitted via shop drawings or in similar fashion.
• Any other services requested by client related to this project through the acquisition of Certificate of Occupancy.
FEES AND REMUNERATION SCHEDULE:
For services described in Bask Scape of Work, services will be provided on a Fixed Fee basis as follows:
Preliminary Analysis and Evaluation...................................................... $ 1,500.00
ConstructionDocuments......................................................................... $ 4,500.00
Construction Services (Estimate)............................................................ $ 500.00
Total........................................................................................................ $ 6,500.00
Invoices will be written at the above milestones or at the end of the month reflecting progress towards the above milestones.
CONSTRUCTION SERVICES:
All post plan check approval structural engineering services will be provided on a time and materials ("as needed') basis. However, at
least one Structural Observation will be required.
Additional services will be billed in accordance with the rate schedule below:
PROFESSIONAL SERVICES:
Structural Engineer $125.00/hr.
CADD Technician $75.00/hr.
Reimbursable expenses will be included with each invoice as they occur.
REIMBURSABLE EXPENSES:
Markup on outside services (printing, etc.) 10%
LIMITATION OF LIABILITY — Standard Limits:
In recognition of the relative risks, rewards and benefits of the project to both the Client and Allen Designs, the risks have been
allocated such that the Client agrees that, to the fullest extent permitted by law, Allen Designs' total liability to the Client for any and
all injuries, claims, losses, expenses, damages or claim expenses arising out of this Agreement from any cause or causes, shall not
exceed $250,000. Such causes include, but are not limited to, Allen Designs' negligence errors, omissions, and strict liability, breach
of contract of warranty.
311378 Del Oblspo Suite 1 1 B -#S13. Sen Juan Capistrano, CA 92B75-3224 V (949) 24B-B5BB • F 1949) 200-2509
.A[—Le" L7ESIGNS Paget
CONSULTING STRUCTURAL ENGINEERS
INVOICING:
Invoices will be written and mailed in accordance with remuneration schedule on previous sheet. These invoices will be due and
payable 30 calendar days after invoice date. There are no "paid whenrf paid" provisions in this agreement. ALLEN DESIGNS
reserves the right to suspend work if payment is not received per the terms of this agreement. In the event any action is brought to
enforce any of the provisions of this agreement, the prevailing party or parties shall be entitled to recover his/their/its reasonable
attorney's fees incurred therein.
COPYRIGHTS:
Allen Designs shall retain all copyrights to the engineering that it delivers but shall extend those copyrights for the purpose of
construction of the specific project as described in this proposal. Engineering may also be used as reference for future alterations but
may not be reproduced or otherwise used as backgrounds for alterations designed by others. Should the engineering be reused without
the written consent of Allen Designs, Client will hold harmless Allen Designs for negligence, errors or omissions.
This proposal is valid for 30 days.
ALLEN DESIGNS
21217 Proposal Revision I-doc
C Signature Date
Printed lqame - 101W&.
31878 Oel Obispo Suite 1184513. San Juen Capistrano. CA r Lc2"=J =--
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this _day
of October, 2012, by and between the City of San Juan Capistrano (hereinafter referred
to as the "City") and Allen Designs (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide structural engineering services for the repairs to the La Sala entry at
the San Juan Capistrano Public Library; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the Consultant shall consist of those tasks as
set forth in Exhibit' A," attached and incorporated herein by reference. To the extent that
there are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term
This Agreement shall
commence on the effective date of this Agreement and services required hereunder shall
continue until notified that said services are no longer required, subject to 15 days notice of
termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $6,500, total
contract amount, as set forth in Exhibit "A" attached and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3. 1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to the City. Invoices shall be addressed as provided for in
Section 16 below.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the City, and shall obtain no rights to any benefits which accrue to
Agency's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for the City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to the City
for the acts and omissions of its subcontractor as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between
any subcontractor and City. All persons engaged in the work will be considered employees
of Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
3
U
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 Workers' Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Workers' Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
4
IN
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
volunteers as additional insured as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
14.5 Errors and Omissions Coverage .
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less Two
Hundred and Fifty Thousand Dollars ($250,000). Prior to beginning any work under this
Agreement, Consultant shall submit an insurance certificate to the City's General Counsel
for certification that the insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
5
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn:Joe Mankawich
To Consultant: Allen Designs
31878 Del Obispo Suite 1184513
San Juan Capistrano, CA 92675-3224
Attn: Bill Allen
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Karen P. Brust, City Manager
ALLEN DESIGNS
By:
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
7
T. William Allen