April 18, 2011
?______, Architect
?_______, ?_______ CA
Re: ?_______, Structural Engineering support
Dear ?________,
I offered to provide you with a proposal for structural design support. Below is my proposal
based on the plan and aerial view received April 7, 2011, your email notes, and our
conversation:
1. I will provide structural design and calculations for the ?? project comprised of the
structures shown on the drawings received 4/7/11. Foundations are assumed to be shallow
spread footing and pads as suggested by the soil report for an adjacent property
2. I will meet with the Architect before initial design and following schematic design to
review design choices and progress. I will also coordinate with other members of the
project team to produce a design that can be constructed straightforwardly.
3. I will provide structural design including calculations, structural notes and material
specifications and CAD drafted plans for permit.
4. I will back check, sign and stamp my work and respond to plan check comments on
the structural design.
5. I have allowed 6 hours for construction support. This allows for Site visit to observe
rough framing, phone support during construction, and consideration of contractor initiatives.
The fee for this work is based on an engineering hourly rate of $?_____/hr, drafting rate of
$?_/hr and is estimated not to exceed $________?.
OTHER WORK:
I can provide energy modeling using Energy Pro, PHPP (the passive house planning
package) and THERM (for two dimensional heat flow) for optimizing the envelope design
and minimizing and right sizing the mechanical HVAC. The fee would be $?__.
Substantial changes to the design or additions to the scope, by the owner, architect or City
of L_____, are additional services based on an hourly fee of $?__/hr(engineering) and $?_/hr
(drafting).
If the final soil report requires revised foundation design (e.g. pier and grade beam), that is
additional services.
SCHEDULE and BILLING:
I can begin initial design following receipt of a signed proposal and a deposit of $?___. Initial
design will require approximately 10 working days. Completing the design requires: receipt of
CAD Drafted templates, architectural plans and sections and a final soil report. Final design
will take approximately 25 working days. I understand that the target date for completed
plans is ?__ 2011.
Work is billed monthly based on the hourly rates. My invoice will itemize the work done.
Final billing will be sent when the drafted plans for submittal and calculations are sent to the
architect for review
The general conditions and this proposal comprise the full and only agreement (the
"Agreement") between us. Any modification to the Agreement must be in writing and signed
by both parties.
I look forward to working with you. If you have any questions about this proposal please
call.
_________________________
Architect or Owner Date SCOTT HUNTER, P.E.
enc. Typical General Conditions, 1 page
General Conditions
1) The Client binds him/herself, his/her partners, successors, executors, administrators, and
assigns to the Engineer in this agreement in respect to all the terms and conditions of this
agreement. This proposal is void (if unaccepted) within 60 days of the proposal date.
2) The Engineer shall not be responsible for the acts or omissions of the Client, the Client's
other consultants, the Contractor, any Subcontractors, any of their agents or employees, or
any other persons working on the project.
3) A late payment finance charge of 1.5% per month will be assessed on the unpaid balance
commencing thirty days after the date of the original invoice.
4) Prior to the commencement of litigation regarding any controversy or claim arising out of
or relating to this contract, or the breach thereof, both parties agree to have direct
discussions to resolve any controversy. Should that fail, both parties agree to then undertake
mediation under the AAA construction industry rules.
5) Should litigation or placement of a mechanic's lien be necessary to enforce any term or
provision of this agreement, or to collect any portion of the amount payable under this
agreement, then all litigation and collection expenses, witness fees and court costs shall be
paid to the prevailing party.
6) It is understood and agreed that the Engineer, in the rendition of his services for the
project, has the legal liability of an independent design consultant to render said services
within generally accepted engineering practices. The Client, in consideration of the fee
negotiated for this project, specifically agrees to limit such liability for all damages of any
kind or nature, including but not limited to damages to the property of the Client as the result
of the act or omission of the Engineer, whether or not due to the Engineer's own fault or
professional negligence or breach of this agreement, or the entering into or performance of
this agreement, to $10,000, or the total fees paid to the engineer, whichever is greater. The
Client specifically acknowledges that this limitation of liability, as described above, was
bargained-for-consideration in the negotiation of this agreement and further, specifically
acknowledges that it knowingly agreed to limit the liability in the amount stated, and that for
payment of an additional fee to the Engineer, such limitation of liability might otherwise be
increased.
7) Seismic performance There is no such thing as "earthquake-proof." The structural
provisions in the Building Code are minimum standards intended to safeguard against major
failures and loss of life, not to limit damage, maintain functions, or provide for easy repair.
According to printed recommendations of the Seismology Committee of the Structural
Engineers Association of California, the following levels of performance are expected of
structures which are designed in accordance with current building codes and engineering
practice:
a. Resist a minor level of earthquake ground motion without damage.
b. Resist a moderate level of earthquake ground motion without structural damage, but
possibly experience some nonstructural damage.
c. Resist a major level of earthquake ground motion having an intensity equal to the
strongest either experienced or forecast for the building site, without collapse, but possibly
with some structural as well as nonstructural damage.