Item 7B Affidavits Case 4:15-cv-00884-0 Document 22 Filed 05/02/16 Page 22 of 73 PagelD 231
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS I
FORT WORTH DMSION
Excel Southlake I LP, §
Plaintiff, §
§ i
V. §
§ Civil Action No.4:15-ev-008840
Woodmont Southlake,L.P.,Hersehman §
Architects,Inc.,Cates-Clark&Associates, §
LLP and Tolunay-Wong Engineers,Inc., §
§
Defendants.
AFFIDAVIT OF RONALD F.REED
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared Ronald F.
Reed,who being by me duly sworn on oath deposed and said:
i. "My name is Ronald F. Reed, P.E. 1 am over the age of twenty-one(2 1) years, 1
have never been convicted of a felony, and I am competent to make this affidavit. I have
personal knowledge of the matters contained in this affidavit,and they are true and correct.
2. This affidavit is submitted pursuant to the requirements of TEXAS CIVIL
PRACTICE AND REMEDIES CODE § 150.002, with respect to the professional engineering
services provided by Tolunay-Wong Engineers, Inc. ("TWE") in the design and construction of
the Southlake Park Village (the `Project"), an upscale shopping center located at 1065 East
Southlake Boulevard,Southlake,Tarrant County,Texas(the"Center").
3. 1 am a licensed professional engineer in the state of Texas, I am competent to
testify, and I am actively engaged in the practice of engineering. A true and correct copy of my
resume is attached hereto as Exhibit A,and is incorporated herein by reference for all purposes.
. 4. - Based on my research, experience in the industry, and review of the documents
identified in the attached Exhibit B (the "Project Documents"), TWE engaged in, and was
retained on the Project, to perform geotechnical engineering services including, but not limited
to; (a) a field program consisting of the exploration of subsurface conditions at the Center
utilizing soil test borings; (b) laboratory testing; and (c) preparation of a report utilizing the
information collected during the field program and laboratory services and providing
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geotechnical design and construction recommendations for suitable foundation systems and
pavement sections for the Center(collectively,the"TWE Services").
5. As shown in my resume, Exhibit A, 1 am licensed to practice engineering, and
have, for the past 35 years, been actively engaged in providing geotechnical engineering for
clients similar in nature and geographic location to the Project.
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6. Based on my education and professional experience, i have personal knowledge
of the acceptable standards for the practice of engineering in the state of Texas and the greater
Southlake area,which was the task to be performed by TWE on this Project,
7. 1 have also reviewed the September 26, 2013 contract between TWE and Excel
Southlake I LP, as assignee of Woodmont Southlake, L.P., in which TWE agreed to "to act in
accordance with the standard of skill and care of the reasonably prudent for a registered Engineer
practicing in the Dallas/Fort Worth metropolitan area."
8. 1 have reviewed the documents identified in the attached Exhibit B relating to the
Project and the TWE's Services In this matter.
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9. Based on my education, experience, and a review of the Project Documents, it is
my professional opinion that TWE, through its acts, errors or omissions, failed to perform the
TWE Services in accordance with the acceptable standards for the practice of engineering in the
Dallas/Fort Worth metropolitan area,
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10. TWE incorrectly evaluated the potential for movement associated with moisture
change in the subsurface soils. TWE relied on empirical relationships between classification
tests and potential for activity without site specific confirmation tests. This resulted in the
conclusion that"We do not consider shrinktswell potential to be a critical design concern for this
project." (See last sentence of Page 5-2,Project No. 13.63.023,Final Report(Revision 1.)
H. By providing an incorrect estimate for the potential for soil movement, TWE
failed to provide appropriate recommendations for the foundations and remedial earthwork to
reduce movement.
12. As a result of the actions, errors, or omissions of TWE described herein, TWE
failed to provide geotechnical design and construction recommendations for suitable foundation
systems and pavement sections for use in the construction of the Center"in accordance with the
standard of skill and care of the reasonably prudent for a registered Engineer practicing in the j
Dallas/Fort Worth metropolitan area."
13. Based on TWE's failure to provide acceptable geotechnical design and
construction recommendations for suitable foundation systems and pavement sections for use in
the construction of the Center, it is my opinion that TWE's actions, errors and omissions are a
producing cause of(1) the deficient designs provided for the buildings at the Center; (2) the
actual damage and distress to Buildings A, B. C, D, E and E2, and (3) the expected future
heaving of slabs,foundations and pavements at the Center.
AFFIDAVIT OF RONALD F.REED Page-2-
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14. These acts, errors, and/or omissions show that TWE failed to meet the applicable
work product standards of design professionals,
15. My investigation is ongoing, and further examination of the Project may lead to
the discovery of additional negligent acts, errors, and/or omissions in the work performed by
TWE. As a result, I reserve the right to supplement and/or expand my opinions and conclusions
with respect to the performance of TWE,"
onald F. Reed
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SUBSCRIBED AND SWORN TO before me by the said V1 /L on this the
day of Apri 12016, to certify which witness my hand and seal of office.
� r
NO RY PUBLIC IN AND FOR//
THE STATE OF TEXAS I
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My Commission Expires:
Angela Palmer- aidin g
71+ +n Commission Expires
03-31-2017 s
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weCo cnr__InccPrin0
RONALD F.REED,P.E.
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EXPERIENCE
1988 - Present
Reed Engineering Group, Inc.
Dallas, Texas
President, Principal Engineer
Serves as project and principal engineer for numerous geotechnical and geological projects,
including a 450,000 sf facility for Sherwin Williams; aircraft maintenance hangars at
Dallas/Fort Worth International airport for American Airlines; an 850,000 sf facility for
Blockbuster Video; 22 to 30 story high-rise structures in Dallas and Houston; and levee
projects for the Cities of Garland and Arlington. Specialized studies include: slope stability
analysis on the criblock walls at Fair Park; rock slope analysis along White Rock Creek; f
slope analysis on a distress marine dock for the Port of Orange, Orange, Texas; and ground
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water movement in both saturated and unsaturated conditions.
1978 - 1988
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Rone Engineers, Inc.
Dallas, Texas
Advanced from Staff Engineer to Senior Vice President
As Senior Vice President managed 16 personnel and was responsible for hiring,training,
engineering. Managed profit and loss for the Dallas geotechnical engineering division, with
annual sales in excess of 1.2 million dollars. Wrote over 1,500 investigative reports and
supervised over'4,000 projects of all types including department stores; shopping centers;
highways; bridges; airport pavements; high-rise buildings; landfills; and dams. Specialties
include: distress analysis; use of soil/structure interactive programs; definitionlmapping of
unconfined groundwater; and in-situ testing methods.
Developed the trench safety program for the Trinity River Authority of Texas, and served on
the panel which developed the City of Dallas' trench safety program.
1976 - 1978
Pittsburgh Testing Laboratory
Dallas, Texas
Engineer In Training
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Conducted basic soil investigations and foundation analyses on small to medium sized
projects in the Dallas/Fort Worth area. Supervised construction inspection for South Texas
nuclear power plant in Bay City,Texas.
AWARDS
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John B. Hawley Award for Technical Paper of Outstanding Merit.Presented by the
American Society of Civil Engineers, Texas Section. 1994.
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Outstanding Young Engineer of the Year. Presented by the Texas Society of Professional
Engineers. 1983.
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1 i Geofechnical Engineering
Case 4:15-cv-00884-0 Document 22 Filed 05/02/16 Page 27 of 73 PagelD 236
a��o �nc�in��r ine
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RONALD F. REED,P.E.
(Continued)
PUBLICATIONS
"Allowable Bearing Pressure Within Unsaturated Soils"Reed, RF., Presented to Texas Section,
ASCE, March, 2012.
"Are HOV Lanes Good Public Policy?"Reed, R.F., Presented to Texas Section, ASCE,
February, 2012.
"Alternative Subgrade Design for Pavements in Expansive Soils"Reed, RF., Presented to Texas
Section,ASCE, April, 2011.
"Lessons Learned from Distress of Foundations on Expansive Clays in the Active Zone"Reed,
RF., Tand, KE, Vipulanandan, C., Presented to ASCE, "Geo-Frontiers 2011", Dallas, Texas,
March, 2011.
"Expert or Litigation 'Hit-Person'?"Reed, R.F., Fall, 2010,Proceedings of ASCE Texas
Section Meeting, El Paso, Texas.
"PTI Design Procedure, Why Should We Care?"Reed, R.F., Spring, 2010, Proceedings of
ASCE Texas Section Meeting, Austin, Texas.
"Predicting Soil Suction Profiles Using Prevailing Weather. "Reed, R.F., Fall, 2009,
Proceedings of ASCE Texas Section Meeting, Houston, Texas.
"Observed Soil Suction Profiles Within North Texas. "Reed, R.F., Spring, 2009, Proceedings
of ASCE Texas Section Meeting, South Padre Island, Texas.
"Observations on the PTI 3`d Edition Design Procedure."Reed,R.F.,Fall, 2008, Proceedings
of ASCE Texas Section Meeting, Dallas, Texas.
"Observations on the Measurement and Use of Soil Suction. "Reed, R.F., Spring, 2007.
Proceedings of ASCE Texas Section Meeting, Tyler, Texas.
"Alternative Earthwork Procedure for Expansive Soils."Reed,R.F.,2006. ASCE Specialty
Conference, Phoenix,Arizona.
"Effect of Environmental Changes on Depth of the Active Zone."Reed, R.F.,2005.
Proceedings of ASCE Texas Section Meeting, El Paso, Texas.
"The Role of Soil Suction in the Performance of Clay Fill."Reed, R.F. and Pandey,K.K.,
2003. Proceedings of ASCE Texas Section Meeting, Dallas, Texas.
"Alternative Earthwork Procedure for Expansive Clay." Reed, R.F.,2002.Proceedings of
ASCE Texas Section Meeting, Waco, Texas.
"Time Related Heave Observations and Implications on Current Heave Prediction Models."
Woodworth, M.G. and Reed, R.F., 2000.Proceedings of ASCE Texas Section Meeting, El
Paso, Texas.
"Analysis of Clay Fill Using X-Ray Technique."Phipps, J.F. and Reed, R.F., 2000.
Proceedings of ASCE Texas Section Meeting, El Paso, Texas.
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RONALD F.REED,P.E. E
(Continued)
"Prediction of Heave Using `Effective' Stress." Reed, R.F., 2000. Advances in Unsaturated
Geotechnics,Proceedings of Sessions of Geo-Denver,ASCE, Geotechnical Special w
Pubilication No. 99.
"Impact of Climatic Variation on Design Parameters for Slab on Ground Foundations in
Expansive Soils." Reed, R.F. and Kelley, M., 2000. Advances in Unsaturated Geotechnics,
Proceedings of Sessions of Geo-Denver, ASCE, Geotechnical Special Pubilication No. 99.
"Evaluation of Pile Load Test in the Beaumont Formation." Reed, R.F. and Pandey, K.K.,
1999.Proceedings ofASCE Texas Section Meeting, Midland, Texas.
"Prediction of Heave Using `Effective' Stress."Reed,R.F., 1997. Proceedings ofASCE
Texas Section Meeting,Arlington, Texas.
"Post-Construction Effects of Pre-Existing Trees." Reed,R.F and Phipps, J., 1996.
Proceedings ofASCE Texas Section Meeting, San Antonio, Texas.
"Application of Soil Suction in Dallas/Fort Worth." Reed, R.F and Kelley, M., 1995.
Proceedings ofASCE Specialty Conference. "Soil Suction Application in Geotechnical
Engineering Practice." San Diego, California.
"Application of Soil Suction in Dallas/Fort Worth."Reed,R.F. and Kelley, M., 1995.
Proceedings ofASCE Texas Section Meeting. Waco, Texas.
"Comments on PTI Design Criteria."Reed, R.F. and Kelley, M., 1994. Proceedings of
ASCE Texas Section Meeting, Lubbock, Texas.
"Is it Time to Get the Cities Involved?"Reed, R.F., 1994.Proceedings ofASCE Texas
Section Meeting. Corpus Christi, Texas.
"Long Term Building Performance Over an Injected Subgrade."Reed,R.F., 1988.
Proceedings of Second International Conference on Case Histories in Geotechnical
Engineering. University of Missouri at Rolla. Rolla, Missouri.
"Roadway Performance in an Expansive Clay."Reed,R.F., 1987. Transportation Research
Record 1137, Soil Mechanics Considerations in Arid and Semi Arid Areas. Transportation
Research Board.
"Evaluation of a Slide in Unweathered ShaIe." Reed, R.F., 1986.Proceedings ofASCE Texas
Section Meeting, San Antonio, Texas.
"Foundation Performance in an Expansive Clay Shale."Reed, R.F., 1985. Theory and
Practice in Foundation Engineering.Proceedings of 38th Canadian Geotechnical
Conference, Edmonton, Alberta, Canada.
"Foundation Failures in Expansive Soils."Reed, R.F., 1983. Proceedings ofASCE Texas
Section Meeting, Corpus Christi, Texas.
"Swell Behavior of a Clay Shale." Reed, R.F., 1982.Proceedings ofASCE Texas Section
Meeting, Fort Worth, Texas.
"Wall Failure Analysis Using a Soil-Structure Interaction Approach: A Case History." Reed,
R.F., 1981.Proceedings ofASCE Texas Section Meeting, Tyler, Texas.
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Case 4:15-cv-00884-0 Document 22 Filed 05/02/16 Page 29 of 73 PagelD 238
RCEO �I-1GIFlCCRIn�
MP=-7 CIUr'
RONALD F. REED,P.E.
(Continued)
REGISTRATION
Registered Professional Engineer, State of Arkansas,#9933.
Registered Professional Engineer, State of Louisiana, #28619.
Registered Professional Engineer, State of Oklahoma,#18538.
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Registered Professional Engineer, State of Texas, #48174.
PROFESSIONAL SOCIETIES AND ACTIVITIES
Member, Texas Society of Professional Engineers
Board Member- 1980 - 1989
President- 1988 - 1989 I
Member,National Society of Civil Engineers
Member, American Society of Civil Engineers
EDUCATION i
University of Texas at Arlington,Arlington, Texas
Master of Science in Geotechnical Engineering, 1980
Syracuse University, Syracuse,New York
Bachelor of Science, Magna Cum Laude, in Civil Engineering, 1975
State University of New York at Syracuse University, Syracuse,New York
Bachelor of Science,Magna Cum Laude, in Forest Engineering, 1971
Short Course, Dallas, Texas
"Grits/Stat-A Groundwater Information Tracking System."Environmental Protection
Agency. 1992.
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Short Course, Dallas, Texas
"Corrective Action for Containing and Controlling Groundwater Contamination."National
Water Well Association. 1987.
Short Course, Rolla, Missouri
"Design of Earth and Rock Fill Dams." University of Missouri at Rolla. 1984. j
Short Course, Boulder, Colorado
"Rock Mechanics." University of Colorado at Boulder. 1980.
MILITARY SERVICE
United States Army, Lieutenant, Infantry, 1971 - 1974
41 Geolechnical Engineering
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EXHIBIT B
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EXHIBIT B
Documents Reviewed:
Geotechnical Investigation, Tolunay-Wong Engineers, Inc. , Feb.
7, 2014, Project, 13 . 63. 023/Final Report (Revision 1) .
Geotechnical Investigation, Tolunay-Wang Engineers, Inc. , Jan.
2, 2012, Project 11 . 63. 016.
Plan Sheets CS-1, Sp-1, 51 . 0, 51 . 1, 52 . 0, 52 . 1, 53 . 0, 53 . 1,
54 . 0, 54 . 1, 54. 2, 54 . 3, P1 . 0, MP1 . 0, EF1 . 0, and EF1 . 1, Prepared
by Herschman Architects, Inc. , Park Village Shopping Center.
Plan Sheets C5, C5 . 1, C5 .2, C5 . 3, C6, C7, C8, C8 . 1, and C8 . 2,
Prepared by Cates-Clark & Associates, L.L. P. for Park Village
Shopping Center.
Consultant Agreement between Woodmont Southlake, L. P. and
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Tolunay-Wong Engineers, Inc. , dated September 26, 2013 .
Assignment of Agreement for Geotechnical Engineering Services,
between Woodmont Southlake, L. P. and Excel Southlake I LP.
Reed Engineering Group letter dated April 5, 2016 with Plates 1-
120 attached thereto. i
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS �
FORT WORTH DIVISION
Excel Soutblake I LP, §
Plaintiff, §
V. §
§ Civil Action No.4:15-ev-00884-0
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Woodmont Southlake, L.F.,Herschman §
Architects, Inc.,Cates-Clark&Associates, §
LLP and Tolunay-Wong Engineers,Inc., §
§
Defendants.
AFFIDAVIT OF KENNETH D. FRANCH AZA
THE STATE OF TEXAS §
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day persona[ly appeared Kenneth D.
Franch, who being by me duly swam on oath deposed and said:
I. "My name is Kenneth D. Franch, AIA, S.E., P.E. I am over the age of twenty-one
(21)years, t have never been convicted of a felony, and I am competent to make this affidavit. I {
have personal knowledge of the matters contained in this affidavit,and they am true and correct.
2. This aMdavit is submitted pursuant to the requirements of TEXAS CIVIL
PRACTICE AND REMEDIES CODE § 150.002, with respect to the professional architectural
services provided by Herschman Architects, Inc. ("Herschman"), sealed and signed by Michael
D. Crislip, Texas architect license number 17$45, in the design and construction of the Southlake
Park Village (the "Project"), an upscale shopping center awned by Excel. Southlake I LP
("Excel") and located at 1065 East Southlake Boulevard, Southlake, Tarrant County, Texas (the
"Center").
3. 1 am a licensed professional architect in the state of Texas. I am competent to
testify on, and I am actively engaged in, the practice of architecture. A true and correct copy of
my resume is attached hereto as Exhibit A, and is incorporated herein by reference for all
purposes.
4. Based on my research, training, experience in the industry, and review of the
documents identified in the attached Exhibit B (the "Project Documents"), Herschman is
engaged in, and was retained on the Project, to perform architectural services including, but not
limited to: (a) coordination with the civil engineer on issues pertaining to site plan layout,
building exterior design, sidewalks and utility connections; (b) coordination of engineering
AFFIDAVIT OF KENNETH D. FRANCH,AIA Page - I -
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services (civil, structural, mechanical/electrical/plumbing ("MEP"), Bre & life safety) in the
construction drawings required for the Project; (c) development of testing and inspection
requirements For the Project; (d) preparation of "Construction Documents" consisting of all
drawings and specifications setting forth in detail the requirements for the construction of the
Project, and (e) the construction administration of the construction of the Project (collectively,
the "Herschman Services"). The Herschman Services in general, and the preparation of the
Construction Documents in particular, constitute the practice of architecture.
5. As shown in my resume, Exhibit A, I am licensed to practice architecture and
have, for the past 40 years, been actively engaged in providing architectural services for clients
similar in nature and geographic location to the Project.
6. Based on any education and professional experience, I ani knowledgeable in the
same area of practice as llers0man. I have personal knowledge of the professional standards for
the practice of architecture in the state of Texas and the greater Southlake area, which was the
task to be performed by Herschman under its contract with Excel Southlake I LP on this Project.
7. 1 have reviewed the documents identified in the attached Exhibit B relating to the
Project and Herschman's services in this matter and 1 investigated the Center on September 29,
2015, October 19, 2015, October 21, 2015, October 23, 2015, October 30, 2015, November 4,
2015,November 5, 2015, March S,2016.
8. 1 have also reviewed the September 11, 2013 contract between Herschman and
Woodmont Southlake, L.P. that has been assigned to Excel Southlake f LP ("Excel") ("the
"Herschman Contract"). Under the 1-ierschman Contract, Herschman delivered to Excel, as part 1
of the Construction Documents, structural and foundation drawings that were prepared by a
structural consultant,Thorson Baker, Associates ("Thorson Baker").
9. Thorson Baker is identified in the Herschman Contract as Ilerschman's consultant
for structural engineering. Furnishing structural and foundation drawings as part of the
architect's services using,a structural engineering consultant is common practice and arose out of
the architectural services that Herschman provided under the Herschman Contract. The
Herschman Contract included providing Excel with a coordinated set of complete Construction
Documents in order to construct the Project. The foundation design for the buildings at the
Center is shown on drawings prepared by Thorson Baker as a consultant to Herschman and
utilizes shallow conventional spread footings and slabs-on-grade.
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10. Based on my education, experience, and a review of the Project Documents, it is
my professional opinion that Herschman, through its acts, errors or ornissions, failed to perform
the flerschman Services in accordance with the acceptable standards for the practice of
architecture in the state of Texas and the greater Southlake area. Specifically, the designs
employed in the Construction Documents provided by Flerschman failed to meet requirements
for adequate drainage and control of surface water, and proper waterproof detailing at the
slab/tilt panel intersection for the buildings at the Center.
a. Based on the standards of care and skill of a reasonably prudent
professional registered architect that is the subject of this affidavit, Ilerschman should have
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recognized, but did not recognize, that the perimeter grading and drainage of the buildings will
influence the performance of such structures by affecting the amount of water that is available to
saturate the subgrade. The performance of slab-on-grade floor slabs rely in large part on proper
subgrade preparation and site grading to maintain relatively constant moisture content of the soil
around the perimeter of the: foundation in order to minimize moisture-induced volumetric
changes in the soil below the slab.
b. The improperly designed drained landscape planters, allow for moisture to
collect near the exterior and migrate below the building pad and become available to affect the
underlying soils, thereby causing excessive heaving. For example, the construction details for
the raised planters along the north wall were depicted in the architectural construction
documents, Floor Plane Sheet A].I and Wall Section 1, Sheet A4:4. The surface elevation of the
planter was shown several feet above the interior slab elevation. The Bid/Permit set was dated
February 21, 2014. Wall Section 1, Sheet A4.4 included a drain (no material or size described)at j
the bottom of the planter in the design detail and a waterproof membrane along the planter walls
and the bottom of the planter bed were indicated. The structural Foundation Permit set, dated
January 30, 2014, did not include: planter designs. The available plumbing and civil pennit
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drawings did not detail or reference planter drains. Architectural Revision 3, dated June 11,
2414, deleted the planter drain and added weeps (below grade) at the base of the planter wail in
Wall Section 1, Sheet A4.4. However, Structural Revision 3, dated April 4, 2014, shows a planter
drain (no material or size described) in Detail 9, Sheet S4.0. The available plumbing and civil
permit drawings did not detail or reference planter drains_ Based on my analysis,the deletion of
the planter drain from the planter design resulted in drains not being installed at the time of
construction which allowed irrigation and rain water to collect within the planters; due to an E
inadequate design of the slab and tilt-wall intersection, water from the planter penetrated through
the exterior wall/foundation construction and entered the interior of Building A along the north
wall; and the excessive moisture along the exterior wall contributed to moisture in the subsurface
soils and caused the interior slab to heave.
C. As another example,the surface level of the at-grade planter, located at the
east elevation in the southeast corner between Building A and Building B, was constructed at the
same level as the floor slab. Section C on Sheet A4.2, Revision 3, dated June 11, 2014, depicts a
relation between the exterior grading and the interior slab elevation. Based on my analysis of the
construction documents, the irrigation and rain water saturated the soils along the exterior wall.
Due to the inadequate design of the slab and tilt-wall intersection, water intrusion occurred
between the tilt-up panel and concrete slab joint, and the excessive moisture along the exterior
wall contributed to heave of the subsurface soils and interior slab at the southeast corner of
Building A and the northeast corner of Building B.
d. Similar design deficiencies exist in the design of the raised and at grade
planters with resulting damage to Buildings C, D, E and E2.
11. As a result of the actions, errors, or omissions of Herschman described herein, j
Herschman failed to provide Construction Documents (including plans and specifications) for
use by Excel in the construction of the Project in accordance with the standard of care and skill
of a reasonably prudent professional registered architectural consultants practicing in the
Southlake, Texas area.
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12. Based on Flerschrnan's failure to provide acceptable Construction Documents
(including plans and specifications) for the construction of the Project, it is my opinion that the
buildings of the Center have been constructed with significant design defects. It is also my
opinion that such defects have caused damage and distress to Buildings A, B,C, D, E and E2.
13. These acts, errors, and/or omissions show that Herschman failed to meet the
applicable work product standards of design professionals.
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14. My investigation is ongoing, and further examination ol'the Center may lead to
the discovery of additional negligent acts, errors, and/or omissions-in the work performed by
Herschman. As a result, l reserve the right to supplement and/or expand my opinions and
conclusions with respect to the performance of Herschman. " E
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Kenneth 1'ranch
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S 1BSCRIBED AND SWORN TO before me by the said on this the 3
a day of April 2016,to certify which witness my hand and seal of office.
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�N TAR P BLIC 1N AND FOR
-1' E ST • OF TEXAS
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My Commission Expires.
�- W 1 O ati;'; #ErNNI blIM PpOQif TO
�' NCtalY PUbIIQ,State nt Texas
. � My.Coti�tntaslDn ExR11a6 'I
October 24,ZDIb
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NELS0N
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Kenneth D. Franch,AIA,S.E., P.E.
Senior Project Director
kfranchonelsonforensics.com
www.nelsonforensics.com
1-877-850-8765
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FIRM SERVICES_ Forensic Engineering, Forensic Architecture, Cost Estimating and Appraisal,
Umpiring Disputes, Roofing System Assessment, Discovery Laboratory,
Materials Science, Environmental Consulting, Fire Investigations, Evidence
Storage, Animation and CAD.
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AREAS OF EXPERTISE Architectural and structural engineering services include master planning,
building code and zoning analysis, programming, conceptualization of
systems, design development, construction documents, bidding, construction
administration and post-construction services.
Forensic architectural and structural engineering services include
comprehensive ordinance and building code review, construction
administration including conceptualization budget estimating, contract
scheduling, design review, reconstruction and repair documents. Building
types include residential (single and multi-story), commercial, industrial
facilities, public safety, justice facilities, governmental, religious, wellness,
educational,and retail structures.
EDUCATION Master of Science in Architectural Engineering/Structural Curriculum
University of Illinois, Urbana-Champaign, IL- 1975
Bachelor of Architecture/Design Curriculum
University of Illinois, Urbana-Champaign, IL- 1973
EXPERIENCE Over Forty Years in architectural and structural engineering design including
conceptual design, construction documents, and contract administration;
document review; and project performance administration.
Forensic and analytical architectural and structural engineering project
experience includes cause evaluation, support in litigation research, and
remedial repair for structure damage due to construction defects and improper
design.
Experience also includes varied project delivery systems including
Design/Bid/Build, Design Build, Construction Manager at Risk, Program
Manager, and Integrated Project Delivery. Performed contract language and
fee negotiations, with risk management assessment on all project delivery
methods.
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Case 4:15-cv-00884-0 Document 22 Filed 05/02/16 Page 39 of 73 PagelD 248
Kenneth D. Franch, Professional Resume—Page 2
INDIVIDUAL LICENSURE Registered Architect: Colorado, Florida, Illinois, Oklahoma, Texas, and
Wisconsin.
Licensed Professional Engineer in the States of Arkansas, Florida, Missouri,
Oklahoma, and Texas.
€
Licensed Structural Engineer in the State of Illinois.
NCARB Certification.
LEED°AP BD+C Certification.
State licenses, registrations and/or certifications listed on this resume apply
only to this professional as an individual. Nelson Architectural Engineers, Inc.
dba Nelson Forensics, Nelson Forensics, LLC, Nelson Forensic Architects,
PLLC, Nelson Forensic Engineers, Inc. and their subsidiaries or assigns offer
firm professional services only in states where they are authorized. No offer of
firm services is made in states where the previous entities are not authorized
or registered.
PROFESSIONAL MEMBERSHIPS AND Member American Society of Civi I Engineers (ASCE)
ACTIVITIES Member American Institute of Architects (AIA)
Member Structural Engineers Association of Texas(SEAoT)
PUBLICATIONS "Architectural Graphic Standards, Stn gtn and 10th Editions", Contributing
Author
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Case 4:15-cv-00884-0 Document 22 Filed 05/02/16 Page 40 of 73 PagelD 249
EXHIBIT B
FRANCH AFFIDAVIT
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Case 4:1.5-cv-00884-0 Document 22 Filed 05/02/16 Page 41 of 73 PagelD 250
ATTACHMENT B
BUILDINGS A B and C:
Architectural Drawinss,prepared by Hcrschman Architects, Inc.,25001 Emery Road, Suite
400, Cleveland, Ohio 44128;titled PARK VILLAGE BUILDINGS A, B, C; Sheets CS-0 (Rev.
#4,dated 07,21.2014; Rev. #4 foundation, dated 06.11.2014; Rev. 93, dated 06.11.2014), CS-1
(Rev. 45, dated 08.19.2014; Rev. #4, dated 07.21.2014; Rev.#4 Inundation, dated 06.11.2014;
Rev. #3, dated 06.11.2014; Rev. #3 (Building Foundation and Underground Plumbing/Electrical
Work),dated 04.04.2014; Rev. #2,dated 04.11.2014; Rev. #1,dated 03.26,2014; Bid Permit,
dated 02.21.2014),SP-1 (Rev. #2,dated 04.11.2014; Bid Permit, dated 02.21.2014),A1.0 (Rev.
42,dated 06.11.2014; Rev. #2,dated 04.11.2014; Rev. #l, dated 03.26,2014; Bid Permit,dated
02.21.2014),AU (Rev. #3, dated 06.11.2014;Rev. #2,dated 04.11.2014; Rev. #1, dated
03,26.2014; Bid Permit, dated 02.21,2014),A1.2 (Rev. 43,dated 06.11.2014; Rev. 42, dated E
04.11,2014; Rev. #1,dated 03.26.2014; Bid Permit, dated 02.21.2014), AM (Rev. #3, dated
06.11.2014; Rev. #2,dated 04.11.2014; Bid Permit, dated 02.21.2014), AIA (Rev. #3. dated
06.11.2014; Rev.#2,dated 04.11.2014; Bid Permit,dated 02.21.2014), A1.5 (Rev. #S, dated
08.19.2014; Rev. #4,dated 07.21.2014; Rev. #3,dated 06.11.2014; Rev.#2,dated 04.11.2014;
Rev. #1,dated 03.26.2014; Bid Permit,dated 02.21.2014),A1.6 (Rev. #3, dated 06.11.2014;
Rev. #2,dated 04.11.2014; Bid Permit,dated 02.21.2014),A1.7 (Rev. #3, dated 06.11.2014;
Rev. #2,dated 04.11.2014; Rev.#1, dated 03.26.2014; Bid Permit,dated 02.21.2014), A1.8
(Rev. #3; dated 06.11.2014; Rev. #2, dated 04,11,2014; Rev. #1,dated 03.26.2014;Bid Permit,
dated 02.21.2014), A1.9(Rev.#2,dated 04.11.2014; Rev. #1, dated 03.26.2014; Bid Permit,
dated 02.21.2014), A2.0 (Rev.#3, dated 06.11,2014; Bid Permit,dated 02.21.2014),A2.1 (Rev.
#3,dated 06,11.2014; Rev, 42,dated 04.11.2014; Rev. #1, dated 03.26.2014; Bid Permit,.dated
02.21,2014), A2.2 (Rev, #3,dated 06.11.2014; Rev. #2, dated 04.11.2014; Rev. #1,dated
03.26,.2014; Bid Permit,dated 02.21.2014), A3,0 (Rev. #3, dated 06.11.2014; Bid Permit, dated
02.21.2014), A3,1 (Rev, #5, dated 08.19.2014; Rev, #4, dated 07.21.2014; Rev. 0,dated
06.11.2014; Rev.#2,dated 04.11.2014; Rev.#1,dated 03.26.2014; Bid Permit,dated
02.21.2014), A3.2 (Rev, #4, dated 07.21.2014; Rev.#3, dated 06.11.2014; Rev. #2,dated
04.11.2014; Rev. 41,dated 03.26.2014, Bid Permit, dated 02.21.2014), A3.3 (Rev. #3, dated
06.11.2014; Rev, #2,dated 04.11.2014; Rev. #1, dated 03.26.2014; Bid Permit,dated
02,21,2014),AM (Rev. #4,dated 07.21.2014; Rev. #3, dated 06.11.2014; Bid Permit, dated
02,21.2014), A4.0(Rev. 92, dated 04.11.2014; Bid Permit, dated 02.21.2014), A4.1 (Rev. #3,
dated 06.11.2014; Rev. #2, dated 04.11.2014; Rev. #1, dated 03.26.2014; Bid Permit,dated.
02.21,2014), A4.2 (Rev. #3, dated 06.11.2014;Rev.#2, dated 04.11.2014; Rev. #1, dated
03.26,2014; Bid Permit, dated 02.21,2014), AU (Rev. #3, dated 06.11.2014; Rev. 42, dated
04,11.2014; Bid Permit, dated 02.21.2014), A4.4 (Rev. #3, dated 06.11,2014; Rev. #2, dated
04.11.2014; Bid Permit, dated 02.21.2014), A4.5 (Rev, #3, dated 06.11,2014; Rev. #2, dated
04.11.2014; Bid Permit, dated 02.21.2014), A4.6 (Rev. #3, dated 06.11.2014; Rev. #2, dated
04.11.2014; Bid Permit,dated 02.21.2014), A4.7 (Rev. #3, dated 06.11,2014; Rev. #2, dated
04.11,2014; Rev. #1,dated 03,26.2014; Bid Permit, dated 02.21.2014), A4.8(Rev.#3,dated
06,11.2014; Rev.#2,dated 04.11.2014; Rev.#1, dated 03.26.2014; Bid Permit,dated
02.21.2014),A4.9 (Rev. #3,dated 06.11.2014; Rev, #2, dated 04.11.2014; Bid Permit, dated
Case 4:15-cv-00884-0 Document 22 Filed 05/02/16 Page 42 of 73 Pa elD 251
g g
02.21..2014),A4.10(Rev. #2, dated 04.11.2014), A4.20(Rev. #3,dated 06.11.2014; Rev.#2,
dated 04.11.2014; Bid Permit, dated 02.21.2014), A4.21 (Rev. #3,dated 06.11.2014; Rev.#2,
dated 04.11.2014; Rev. #1,dated 03.26.2014; Bid Permit,dated 02.21.2014), A4.22 (Rev. #2,
dated 04.11.2014; Bid Permit,dated 02.21.2014), A4,23 (Rev.#3, dated 06.11.2014; Rev. #2,
dated 04.11.2014; Rev. #1;dated 03.26.2014; Bid Permit, dated 02.21.2014), A4.24 (Rev.#3,
dated 06.11.2014; Rev.42,dated 04.11.2014; Bid Permit, dated 02.21.2014), A4.25 (Rev.#3,
dated 06.11.2014; Rev.42,datied 04.11.2014; Rev. #1,dated 03.26.2014; Bid Permit, dated
02.21.2014), A4.26(Rev. #3, dated 06,11.2014; Rev. #2, dated 04,11.2014; Bid Permit,dated
02.21.2014),A4.27(Rev, #3, dated 06.11.2014; Rev, #2, dated 04.11.2014; Bid Permit,dated
02.21.2014),A4.28 (Rev. #2, dated 04.11.2014; Rev, #1,dated 03.26.2014; Bid Permit,dated
02.21.2014), A4.29 (Rev.#3, dated 06.11.2014; Rev. #2, dated 04.11.2014; Bid Permit,dated
02,21.2014), A.4.30 (Rev. #3, dated 06.11.2014),A4.40(Rev. #3, dated 06.11.2014; Rev. #2,
dated 04.11.2014; Rev.#1, dated 03.26.2014; Bid Permit, dated 02.21.2014), A4.41 (Rev, #3,
dated 06.11.2014; Rev.#2, dated 04.11.2014; Rev. #1, dated 03.26.2014; Bid Permit, dated
02.21,2014), A4.42 (Rev. #3,dated 06.1.1.2014; Rev. #2, dated 04,11.2014; Bid Permit, dated
02.21.2014),A4.43 (Rev.#3, dated 06,11.2014; Rev. 42,dated 04.11.2014; Bid Permit, dated
02.21.2014),A4.44 (Rev. #2, dated 04.11.2014), A5.2 (Rev. #2, dated 04.11.2014),A6.0(Rev.
#3, dated.06.11.2014; Rev. #2, dated 04,11.2014; Bid Permit, dated 02.21.2014), A6.1 (Rev. #2,
dated 04.11.2014; Rev. #1,dated 03.26,2014; Bid Permit,dated 02.21,2014), A6.2 (Rev, #5,
dated 08.19.2014; Rev.#4,dated 07.21.2014; Rev, 92, dated 04.11.2014), A7.0(Bid Permit,
dated 02.21.2014),A7.1 (Bid Permit,dated 02.21.2014),A7.2 (Bid Permit,dated 02.21.2014),
A7.3(Bid Permit,dated 02.21.2014), A7.4 (Bid Permit,dated 02.21.2014).
a
Structural Drawines,prepared by Thorson Baker and Associates, 3030 West Strectsbvro Road,
Richfield, Ohio 44286; titled PARK VILLAGE BUILDINGS A, B,C; Sheets 51.0 (Rev. #3,
dated 04.04.14; [aid Permit, dated 02.21.2014), 51.1 (Rev. #3, elated 04.04.14; Bid Permit, dated
02.21.2014), 51.2 (Bid Permit,dated 02.21.2014), 52.0 (Rev. #3,dated 04,04.14),52,1 (Rev. ##3,
dated 04.04.14), 53.0(Rev. 93,dated 04.04.14), 54.0(Rev. 93, dated 04.04,14), 54.1 (Rev. #3,
dated 04.04.14), 54.2 (Rev. 43,dated 04.04.14), 54.3 (Rev. #3, dated 04.04.14),55.0 (Rev. #3,
dated 06.11.2.014; Rev. #2,dated 04.11.2014; Bid Permit,dated 02.21.2014), 55.1 (Rev. #3,
dated 06.11.2014; Rev. #2,dated 04.11.2014; Bid Permit,dated 02.21.2014), SS.O (Rev.#3,
dated 06.11.2014; Rev. #2, dated 04.11.2014; Bid Permit, dated 02,21.2014), 56.1 (Rev. 93,
dated 06.11.2014; Rev.#2, dated 04.11.2014; Bid Permit, dated 02.21.2014),57.0(Rev. #2,
dated 04.11.2014; Bid Permit,dated 02.21.2014), 57.1 (Bid Permit, dated 02.21.2014), S8.0 (Bid
Permit, dated 02.21.2014),58.1 (Bid Permit, dated 02.21.2014), 58.2 (Rev. #3,dated 04.04.14;
Bid Permit, dated 02.21.2014), 59.0(Rev. #3,dated 04.04.14), 59.1 (Bid Permit,dated
02.21.2014), 59.2 (Bid Permit,dated 02.21.2014), 59.3 (Rev. #3,dated 04.04.14; Bid Permit,
dated 02.21.2014), 510.0 (Rev.#3, dated 04.04.14; Bid Permit, dated 02.21.2014), 510.1 (Bid
Permit,dated 02.21.2014), 510.2 (Rev.#3, dated 04.04.14; Bid Permit, dated 02.21.2014), SMI
(Rev. 93,dated 04.04.14), 511.2 (Rev. #3,dated 04.04.14).
Plumbing, Mechan jeai,and Electrical Drawl s, prepared by Ilerschman Architects, Inc.,
25001 Emery Road, Suite 400, Cleveland, Ohio 44128; titled PARK VILLAGE BUILDINGS A.
B,C; Sheets P1.0 (Rev. 94, dated 06.11.2014; Rev. #3, dated 04.03.2014), M1.0(Rev. #3, dated
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Case 4:15-cv-00884-0 Document 22 Filed 05/02/16 Page 43 of 73 PagelD 252
06.06.2014; Rev. #2,dated 04,11.2014; Rev. #1, dated 03,26.2014; Bid Permit, dated
02.21.2014), M2.0 (Rev. #2,dated 04.11.2014; Bid Permit,dated 02.21.2014),M3.0 (Rev.#2,
dated 04.11.2014; Bid Permit, dated 02.21.2014), MPLO(Rev. #4,dated 06.11.2014; Rev. #3,
dated 04.14.2014; Bid Permit, dated 02.21.2014),MP2.0 (Rev. #2,dated 04.11.2014; Bid
Permit, dated 02.21.2014'), EFLO(Rev. #3, dated 04.14.2014), EF1.1 (Rev. #3,dated
04.14,2014), EO.0(Rev. #2, dated 04.11.2014; Rev. #1, dated 03.26.2014; Bid Permit, dated
02.21.2014),EO.1 (Bid Permit,dated 02.21.2014), E1.0 (Rev. #2, dated 04.11.2014; Rev. 91,
dated 03.26.2014; Bid Permit, dated 02.21.2014), E2,0(Rev.#2, dated 04.11.2014; Rev. #1,
dated 03.26.2014; Bid Permit,dated 02.21.2014), E2.1 Bid Perrttit,dated 02.21,2014).
BUILDINGS D. E.and E2:
Architectural.Drawings, prepared by Hersehman Architects, Inc., 25001 Emery Road, Suite
400, Cleveland, Ohio 44128; titled PARK VILLAGE BUILDINGS D, E, E2, Sheets CS-0 (Rev.
45, dated 08.12.2014; Rev. #4, dated 07.25.2014), CS-1 (Rev. #5, dated 08.12.2014; Rev. #4,
dated 07.25.2014; Rev,#3, dated 06.27.2014; Rev.#2,dated 04.04.2014;Rev.#2 foundation, �
dated 04.04.14;Rev. #1, dated 03.24.2014; Bid Permit, dated 03.07.2014), SP-1 (Rev. #2, dated
04,04.2014; Bid Permit,dated 03.07.2014),AIA (Rev. #4,dated 07.25.2014; Rev. #2,dated
04.04.2014; Bid Permit, dated 03.07,2014), AM (Rev. #3,dated 06.27.2014; Rev. #2,dated
04.04.2014; Rev, #1,dated 03.24.2014; Bid Permit, dated 03.07.2014), A1.3(Rev. #4,dated
07.25.2014; Rev, #3, dated 06.27.2014; Bid Permit, elated 03.07.2014), A1.4(Rev.#4, dated .
07.25.2014; Bid Permit, dated 03.07.2014), A1.5 (Rev. #3, dated 06.27.2014; Bid Permit,dated
03.07.2014), A1.6(Bid Permit, dated 03.07.2014), A1.7 (Rev. #3, dated 06.27.2014; Rev. #2,
dated 04.04.2014; Bid Permit, dated 03.07.2014), A1.8 (Rev. 0, dated 06.27.2014; Rev. #2,
dated 04.04.2014; Bid Permit, dated 03.07.2014), A1.9 (Rev. #3, dated 06,27.2014; Rev. #2,
dated 04.04.2014; Bid Permit,dated 03.07.2014), A2.0 (Rev. #4, dated 07.25.2014; Rev. #1,
dated 03.24.2014; Bid Permit, dated 03.07.2014), A2.1 (Rev.#4,dated 07.25.2014; Rev. #3,
dated 06.27.2014; Rev, #2, dated 04.04.2014; Rev. #1, dated 03.24.2014; Bid Permit, dated
03.07,2014), A2.2 (Rev. #3, dated 06.27.2014; Rev. #2, dated 04.04.2014; Rev. #1,dated
03.24.2014; Bid Permit, dated 03.07.2014),A2.3 (Rev. #4,dated 07.25.2014; Rev. #3, dated
06,27.2014; Rev. #2, dated 04.04.2014; Rev. #1, dated 03.24.2014;Bid Permit, dated
03.07.2014), A3.0(Rev. #5, dated 08.12.2014; Rev. #4,dated 07.25.2014; Rev. #3, dated
06.27.2014; Rev. #2, dated 04.04.2014; Rev. #1, dated 03,24.2014; Bid Permit, dated
03.07.2014), AM (Rev. #5, dated 08.12.2014; Rev. #4,dated 07.25.2014; Rev. #3, dated
06.27,2014; Rev. 42,dated 04.04.2014; Rev. #1, dated 03.24.2014; Bid Permit,dated
03.07.2014), A3.2 (Rev. #5,dated 08.12.2014, Rev. #4, dated 07.25.2014; Rev. #3,dated
06.27.2014; Rev. #2, dated 04.04.2014; Rev. #1, dated 03.24.2014; laid Permit, dated
03.07.2014), A3.3 (Rev, #5, dated 08.12.2014; Rev. #4, dated 07.25.2014; Rev.43,dated
06.27.2014; Rev. #2, dated 04.04.2014; Bid Permit, dated 03.07.2014), A3.4 (Rev.#3, dated
06,27.2014), A3.5 (Rev. #4, dated 07.25.2014; Rev. #3,dated 06.27.2014), A4.01 (Rev. #3,
dated 06.27.2014; Rev. 92,dated 04.04.2014; Rev. 41, dated 03.24.2014; Bid Permit,dated
03.07.2014), A4,02(Rev.#3, dated 06.27.2014; Rev. #2,dated 04.04.2014; Rev. #1,dated
Case 4:15-cv-00884-0 Document 22 Filed 05/02/16 Page 44 of 73 PagelD 253
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03.24.2014; Bid Permit,dated 03.07.2014), x,4.03 (Rev. #3,dated 06.27.2014; Rev. #2, dated
04.04.2014; Rev. #1,dated 03.24.2014; Bid Permit, dated 03.07.2014), A4.04 (Rev. #3,dated
06.27.2014; Rev. #2, dated 04.04.2014; Rev. #I, dated 03.24.2014; Bid Permit,dated
03.07.2014), A4,05 (Rev. #3, dated 06.27.2014; Rev.#2,dated 04.04.2014; Rev. #1,dated
03.24.2014; Bid Permit,dated 03.07.2014),A4.06(Rev. #3,dated 06.27.2014; Rev.#2,dated
04.04.2014; Rev,#l, dated 03,24.2014; Bid Permit,dated 03.07,2014), A4.10(Rev. #3, dated
06.27.2014; Rev.#2,dated 04.04,2014; Rev.#l,dated 03.24.2014; Bid Permit,dated
03.07.2014), A4.11 (Rev. #3, dated 06.27.2014; Rev. #2,dated 04.04,2014; Bid Permit, dated
03.07.2014),A4.12 (Rev,#3, dated 06.27.2014; Rev. #2, dated 04.04.2014; Rev. #1, dated
03.24.2014; Bid Permit,dated 03.07.2014), A4.13 (Rev.#5, dated 08.12.2014; Rev.#3, dated
06.27.2014; Rev. #2, dated 04,04.2014; Rev. #l,dated 03.24.2014; Bid Permit,dated
03.07.2014). A4.14 (Rev. #3, dated 06.27.2014;Rev.#2,dated 04.04.2014; Bid Permit,dated
03.07.2014), A4.15 (Rev. #5, dated 08.12.2014; Rev.43,dated 06.27.2014; Rev. #2, dated
04.04.2014; Rev. #1,dated 03.24.2014; Bid Permit, dated 03.07.2014), A4.16(Rev.#3, dated
06.27.2014; Rev, #2,dated 04.04.2014; Bid Permit, dated 03.07.2014),A4.17(Rev.#3, dated
06.27.2014; Rev. #2,dated 04.04.2014; Bid Permit, dated 03.07.2014),A4.18 (Rev. #5, dated
08,12.2014; Rev. #3,dated 06.27.2014), A4.40 (Rev. 43, dated 06.27.2014; Rev. #2,dated
04,04.2014; Bid Permit,dated.03.07.2014), A4.41 (Rev. #3,dated 06.27.2014; Rev,#2, dated
04.04.2014; Bid Permit,dated 03.07.2014), A4.43 (Rev. #3,dated 06.27.2014; Rev.42,dated
04.04.2014; Bid Permit, dated 03.07,2014), A4.44 (Rev. #3,dated 06.27.2014; Rev. #2, dated
04.04.2014;.Bid Permit,dated 03.07.2014), A4.45 (Rev. #3,dated 06.27.2014; Rev.#2, dated
04,04.2014; Bid Permit,dated 03.07.2014), A5.0 (Rev. 0,dated 06.27,201.4; Rev. #1, dated
03.24.2014; Bid Permit,dated 03.07.2014), A6.0 (Rev. #4, dated 07.25,2014; Rev, #3,dated
06.27.2014; Rev. #2,dated 04,04.2014; Rev. 41, dated 03.24.2014; Bid Permit,dated
03.07.2014),A6.1 (Rev, #5,dated 08.12.2014;Rev. #4, dated 07.25.2014; Rev. #2,dated
04.04.2014, Rev. #1, dated 03.24.2014; Bid Permit, dated 03.07.2014), A6.2 (Rev. #6, dated
08.19.2014; Rev. #5, dated 08.12.2014; Rev. #4, dated 07.25.2014),A7.0 (Bid Permit,.dated
03.07.2014), A7.1 (Bid Permit,dated 03.07,2014), A7.2 (Bid Permit, dated 03.07.2014), A7.3
(Bid Permit,dated 03.07,2014), A7.4(Bid Permit, dated 03.07.2014).
Structural Drawings, prepared by Thorson Baker and Associates, 3030 West Streetsboro Road,
Richfield, Ohio 44286;titled PARS. VILLAGE BUILDINGS D, E,E2; Sheets 51.0(Rev. #l,
dated 03.24.2014; Foundation Permit, dated 02.21.2014); 51.1 (Rev. #1,dated 03,24.2014; Bid '
Permit,dated 03.07.2014), 51.2 (Rev. #1, dated 03.24.2014; Foundation Permit,dated
02.21.2014), 52.0(Rev.#2,dated 04.04.2014; Rev. #l,dated 03.24.2014; Foundation Pernlit,
dated 02.21.2014), 52.1 (Rev. #l, dated 03.24.2014; Foundation Permit,dated 02.21.2014), 52.2
(Rev. #2,dated 04,04.2014; Rev. #l,dated 03.24.2014; Foundation Permit,dated 02.21.2014),
53.0 (Rev. #2, dated 04.04.2014; Rev. #1, dated 03.24.2014; Foundation Permit, dated
02.21.2014), 54.0(Rev. #1, dated 03.24.2014; Foundation Permit, dated 02.21.2014), 54.1 (Rev.
42,dated 04.04.2014; Rev. #1,dated 03.24.2014;Foundation Permit, dated 02.21.2014), 54.2
(Rev. #2, dated 04.04.2014; Rev.#1,dated 03.24.2014; Foundation Permit, dated 02.21.2014),
54.3 (Rev. 42,dated 04.04.2014; Rev. #1,dated 03.24.2014; Foundation Permit,dated
02.21.2014), 55.0 (Rev. 43, dated 06.27.2014; Rev.#l, dated 03.24.2014; Bid Permit, dated
03.07.2014), 55.1 (Rev. #3,dated 06.27.2014; Rev. #2, dated 04.04,2014; Rev. #1, dated
Case 4:15-cv-00884-0 Document 22 Filed 05/02/16 Page 45 of 73 PagelD 254
03.24.2014; Bid Permit,dated 03.07.2014), $5.2(Rev. #3, dated 06,27.2014;Rev. 42,dated
04.04.2014; Rev. #1, dated 03.24.2014; Bid Permit, dated 03.07.2014), S6.0 (Rev, #1,dated
03.24.2014; Bid Permit,dated 03.07.2014), S7.0 (Rev. #2, dated 04.04.2014; Bid Permit, dated
0-1.07.2014), S7.1 (Rev.#2,dated 04.04.2014; Rev. #1, dated 03.24.2014; Bid Permit,dated
03.07.2014), S8A(Rev.#3, dated 06.27.2014; Rev. 42, dated 04.04.2014; Rev. #1, dated
03,24.2014; Bid Permit,dated 03.07.2014),S8.1 (Rev. #3, dated 06,27?014; Rev. #1,dated
03.24.2014; Bid Permit,dated 03.07.20.14),S8.2 (Rev. #3,dated 66.27.2014; Rev. #2,dated
04.04.2014; Rev. #1, dated 03.24.2014; Bid Permit, dated 03.07.2014), 59.0 (Rev. #3,dated
06.27.2014; Rev. #2, dated 04.04.2014; Rev. #1, dated 03.24.2014; Bid Permit, dated
03.07.2014), S9.1 (Rev. #3,dated 06.27.2014; Rev. #1, dated 03.24.2014; Bid Permit, dated
03.07.2014), S9.2 (Rev_ 43,dated 06.27.2014; Rev.#1, dated 03.24.2014; Bid Permit,dated
03.07.2014), S10.0 (Rev_#1, dated 03.24.2014; Bid Permit,dated 03.07.2014),510.1 (Rev. #3, {
dated 06.27.2014; Rev. #I, dated 03.24,2014; Bid Permit, dated 03,07 2014), 511,0 (Rev, #2.
dated 04,04.2014; Rev.#1, dated 03.24,2014; Bid Permit, dated 03.07.2014), 511.1 (Rev. #2.
dated 04.04.2014, Rev. #1, dated 03.24.2014; Bid Permit,dated 03,07.2014). 511.2 (Rev. #2,
dated 04.04,201.4; Rev. #l, dated 03.24.2014; Bid Permit, dated 03.07.2014), 511.3 Rev. #2,
dated 04.04.2014; Rev. #1, dated 03.24.2014;Bid'Permit, dated 03.07.2014), 512,0(Bid Permit, �
dated 03.07.2014).
Mechanical,Plumbing,and Electrical Drawings, prepared by Herschman Architects, Inc..,
25001 Emery Road, Suite 400, Cleveland, Ohio 44128; titled PARK VILLAGE BUILDINGS 1),
E, E2; Sheets M1.0(Rev. #4, dated 07.25.2014; Rev.#2,dated 04.04.2104; Bid Permit, dated
03.07.2014),M2.0 (Bid Permit,dated 03.07.2014), MPLO (Bid.Permit, dated 03.07.2014),
MP2.0 (Bid Permit,dated 03,07.2014), EF1.0 (Rev. #2, dated 04,04.2104), EF1.1 (Rev.#2,
dated 04.04.2104)7 E0.0 (Rev. #5, dated 08.12.2614; Rev. #4, dated 07.25,2014; Rev,#2,dated
04.04.2014; Bid Permit,dated 03.07.2014), E1.0 (Rev, #5, dated 08.12.2014;Rev. #3,dated
06.27.2014; Rev. #2, dated 04.04.2014; Rev.#1, dated 03,24.2014; Bid Permit, dated
03.07.2014), E1.1 (Rev. #5,dated 08,12.2014; Rev. 44, dated 07.25.2014; Rev. 43, dated
06.27.2014; Rev. #2,dated 04,04.2014; Bid Permit, dated 03.07,2014),
GEOTECHNICAL REPORTS:
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Reed Engineering Group, 2424 Stutz Drive, Suite 400, Dallas, Texas 75235; Project No. 20862,
dated April 5, 2016.
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Reed.Engineering Group, 2424 Stutz Drive, Suite 400, Dallas, Texas 75235; Project No. 20862,
dated February 12, 2016.
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`l'olunay-Wong Engineers, Inc., 1918 University Drive, Suite 506, McKinney,Texas 75071;
TWE Project No. 13.63.023/Final Report (Revision 1), dated February 7, 2014.
Tolunay-Wong Engineers, Inc., 1971 University Business Drive, Suite 107, McKinney,Texas
75071; Project No. 11.63.016, dated January 3, 2012.
Case 4:15-cv-00884-0 Document 22 Filed 05/02/16 Page 46 of 73 PagelD 255
CIVIL ENGINEERING DRAWINGS,prepared by Cates-Clark&Associates, LLP, 14800
Quorum Drive, Suite 200, Dallas,Texas 75254; titled SITE & PUBLIC IMPROVEMENT
PLANS FOR PARK VILLAGE; Sheets C1.1, dated 11.06.2014; C1.2, dated 11.06.2014; C2, k
dated 08.26.2014; C3, dated 12.03.2013;C4, dated 12.03.2013, CS,dated 09.04.2014; C5.1,
dated 09.04.2014;C5.2, dated 09.04.2014; C5.3, dated 09,04.2014;C6,dated 11.15.2013; C7, f
dated 11.15.2013; C8, dated 03.05.2014;CS.1, dated 03.05.2014; C8.2, dated 05.29.2014; C9,
dated 01.07.2014; C9.1, dated 05.29.2014; C10,dated 12.03.2013; 010.1,dated 12.18.2013;
C11,dated 04.07.2014; C12, dated 12.27.2013; 012.1,dated 03.05.2014; 012.2, dated
05.20,20I4; C13, dated. 12.27.2013; 013.1,dated 12.18.2013; 013.2, dated 01.07.2014;C13.3,
dated 01.07.2014; C13.4, dated 01.07.2014; C14, dated 12.03.2013;C14-A, dated 12.05.2013;
CIS, dated 12.03.2013; C16,dated 12.03.2013; C17,dated 12.03.2013; CIS, dated 12.03.2013;
C19, dated 12.03.2013; C20, dated 12.03.2013; C21,dated 12.03.2013; C22, dated 12.03.2013;
C23. dated. 12.03.2013; C24, dated 12.03.2013; C25, dated 03.19.2014; C26, dated 03.19.2014;
C27, dated 12.03.201.3; C28, dated 03,19.2014; C29,dated 03.19.2014; C30, dated 12.03.2013;
C31,dated 12.03.2013; C31.1, dated 12.03.2013; 031.2,dated 12.03.2013; 031.3,dated
12.03.2013; 031.4,dated 12.03.2013; C32,dated 08.29.2014; C33,dated 08.29.2014; C34,
dated 08.29.2014; C35, dated 08.29.2014; C36, dated 01.27.2014; C37, dated 01.27.2014; C38,
dated 08.29,2014;City Detail Sheets, dated November 2013, SD-1, SD-2,SD-3, SD-4, SD-S,
SD-6, SD-7,SD-8, SD-9, SD-10;TxDDT Detail Sheets, CC-CG (FW), CDD-08(FW), CSWD-
08(FW), PED-12A(Sheets I to 4).
LANDSCAPE ARCHITECT DRAWINGS,prepared by Mesa Design Group, 1807 Ross
Avenue, Suite 333, Dallas, Texas 75201;titled PARK VILLAGE, SOUTHLAKF, TEXAS;
Sheets L0.01, L0.02, L0.03, L2.01, L2.02,L2.03, L2.04,L2.05, L2.06, L2.07, L3.01,L3.02,
L3.03, L3.04, L3.05, L3.06, L4.01,L4.02, L4.03, L4.04, L4.05,L4.06, L4.07, LS.01, L5.02,
L5.03, L5,04, L5.05, L5.06, L5.07, L5.08, L5.09, L5.10,L5.11,all dated 05,22,2014.
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Case 4:15-cv-00884-0 Document 22 Filed 05/02/16 Page 47 of 73 Pa elD 256
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EXHIBIT 3
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Case 4:15-cv-00884-0 Document 22 Filed 05/02/16 Page 48 of 73 PagelD 257
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
Excel Southlake I LP, §
§
Plaintiff, §
§
v. §
§ Civil Action No. 4:15-ev-00884-0
Woodmont Southlake, L.P.,Herschman §
Architects, Inc.,Cates-Clark& Associates, §
LLP and Tolunay-Wong Engineers,Inc., §
Defendants.
AFFIDAVIT OF KENNETH D. FRANCH P.E.
THE STATE OF TEXAS §
§ i
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Kenneth D.
Franch,who being by me duly sworn on oath deposed and said:
I. "My name is Kenneth D. Franch, A[A, S.E., P.E. I am over the age of twenty-one
(2 1) years, I have never been convicted of a felony, and I am competent to make this affidavit. l
have personal knowledge of the matters contained in this affidavit,and they are true and correct.
2. This affidavit is submitted pursuant to the requirements of TEXAS CIVIL
PRACTICE AND REMEDIES CODE § 150.002, with respect to the consulting services
provided by'fhorson Baker, Associates ("Thorson Baker"), sealed and signed by Gordon Russell
Baker, Texas professional engineer license number 75830, to Herschman Architects, Inc.
0lerschman")in connection with the design and construction of the Southlake Park Village (the
"Project"), an upscale shopping center owned by Excel Southlake I LP (`Excel") and located at
1065 East Southlake Boulevard, Southlake, Tarrant County, Texas (the"Center").
3. 1 ate a licensed professional engineer in the state of Texas. I am competent to
testify on, and I am actively engaged in, the practice of engineering. A true and correct copy of
my resume is attached hereto as Exhibit A. and is incorporated herein by reference for all
purposes.
4, Based on my research, training, experience in the industry, and review of the
documents identified in the attached Exhibit B (the "Project Documents"), Herschman is
engaged in, and was retained on the Project to, among other things, prepare "Construction
Documents" consisting of all drawings and specifications setting* forth in detail the requirements
far the construction of the Project.
AFFIDAVIT OF KENNETH D.FRANCH, P.Ui. Page- I -
1G1A75492
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Case 4:15-cv-00884-0 Document 22 Filed 05/02/16 Page 49 of 73 PagelD 258
5. The structural and foundation drawings for the buildings at the Center (which
comprise part of the Construction Documents) were issued by Thorson Baker, Associates
(°`'Thorson Baker")
6. As shown in my resume, Exhibit A, I am licensed to practice engineering, and
have, far the past 40 years, been actively engaged in providing structural engineering services for
clients similar in nature and geographic location to the Project.
7. Based on my education and professional experience, I am knowledgeable in the
same area of practice as Thorsen Baker. I have personal knowledge of the acceptable standards ,
for the practice of engineering in the state of Texas and the greater Southlake area,which was the
task to be performed by Thorson Baker on the Project.
8. 1 have reviewed the documents identified in the attached Exhibit B relating to the
Project and Thorson Baker's services in this matter and I have investigated the Center an
September 29, 2415, October 19, 2015, October 21, 2015, October 23, 2015, October 30, 2015,
November 4,2015,November 5,2015, March 8,2016. �
9. Based on my education, experience, and a review of the Project Documents, it is
my professional opinion that Thorson Baker, through its acts, errors or omissions failed to i
provide an acceptable foundation design for the buildings at the Center in accordance with the:
acceptable standards for the practice of engineering in the state of Texas and the greater .
Southlake area.
10, Thorson Baker failed to provide an acceptable foundation design for the buildings
at the Center:
a. Naturally occurring variations in soil moisture content and soil volume are
typically anticipated by the design professionals under the standards of care and skill of a !
reasonably prudent professional engineer. Such naturally occurring variations in soil moisture
content and soil volume are taken into account when designing structures situated on sites with
expansive soils under these standards of care and skill. This is typically accomplished by
designing,superstructure elements which allow for differential movement of the foundation, and
a foundation with sufficient strength and stiffness to perform properly when subjected to
differential soil movement.
b, Thorson Baker instead faired to design a foundation with sufficient
strength and stiffness to perforin properly and not deflect/distort excessively when subjected to
differential soil movement. This resulted because Thorson Baker's design for the buildings at
the Center is based on the use of shallow conventional spread footings, which fail to provide
sufficient strength and stiffness to resist the estimated shrink/swell potential expected for the j
expansive soils common in north Texas and that are specifically present in the Southlake area.
Shallow foundations bearing on expansive soils freely raise or lower depending on the pre-
construction conditions, prescribed construction conditioning, if any, and post-construction
addition or reduction of soil moisture caused by climatic and subsurface conditions. The
moisture variations can cause differential movement of the foundations. Based on the reported
plasticity indices (" 111") of 11 to 48 in the soils tested by the geotechnical engineer for the
AFFIDAVIT OF KENNETH D.FRANCH,P.E. Page-2-
3fi 14759 2
Case 4:15-cv-00884-0 Document 22 Filed 05/02/16 Page 50 of 73 PagelD 259
Project, Tolunay-Wong Engineers, Inc. ("TWE"), and the information provided in Table 5-1,
both included in TWE's revised final report dated February 7, 2014 (the "TWE Report"),
Thorson Baker should have recognized, but failed to recognize. that an appropriate foundation
design for the buildings should accommodate differential soil movement due to post-construction
moisture fluctuations for the reported PI of the existing soil.
C. It is my opinion that the design of the buildings' foundations were not in
conformance with industry standards and conventional design of structures situated on sites with
expansive clays in Texas or in Southlake, Texas. Structural design deficiencies have resulted in
foundations that exhibit inadequate performance to prevent a level of deflectionldistortion which
will cause damage to building finishes and negatively impact the buildings. These design
deficiencies, outlined above, have exacerbated differential movement of tho foundations of
Buildings A, B, C, D, E and E2 of the Center.
d. Ignorance of the well-known reputation of highly expansive soils in the
Southlake and North Texas areas, as well as the information contained in the 12/10/2013 TWE
Report, the standards of care and skill of a reasonably prudent professional engineer would
require the structural engineer to expect, at a minimum, medium to high shrink/swell potential in
the soils present at the Center.
C. As a result of its ignorance of the area soil conditions, Thorson Baker
proposed improper subgrade preparation standards for soils below the slabs at the buildings. The
success of slab-on-grade construction, as provided in the Thorson Baker design, relies in large
part on proper preparation of the subgrade soils to limit differential foundation movement. The j
subgrade preparation technique specified by Thorson Baker is located within the structural
construction documents on Sheet S1.0 for Building A, B, and C, and Sheet S1.0 for Buildings D,
E,and E2, under"Building Pad Preparation".
11. As a result of the actions, errors, or omissions of Thorson Baker described herein,
Thorson Baker failed to design the foundations and slabs of the buildings in the Center in
accordance with the standard of care and skill of the reasonably prudent professional engineer
practicing in the Southlake, 'Texas area.
12. Based on Thorson Baker's failure to provide acceptable Construction Documents
(including plans and specifications) for the construction of the Project, it is my opinion that the
buildings of the Center have been constructed with signiricant design defects. It is also my
opinion that such defects have caused damage and distress to Buildings A, B, C, D, E and E2,
and the finishes within the buildings.
13. These acts, errors, and/or omissions show that Thorson Baker failed to meet the
applicable work product standards of design professionals.
14. My investigation is ongoing, and further examination of the Project may lead to
the discovery of additional negligent acts, errors, and/or omissions in the work perfortned by
Thorson Baker. As a result, I reserve the right to supplement and/or expand my opinions and
conclusions with respect to the performance of Thorson Baker,"
AFFIDAVIT OF KENNETH 1) F"RANCH,P.E. Page-3 -
361475a9?,
Case 4:15-cv-00884-0 Document 22 Filed 05102116 Page 51 of 73 PagelD 260 j
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Kenneth D. 'ranch
5�t BSCRIBED AND SWORN TO before me by the said on this the
t' day of April 2016,to certify which witness my hand and seal of office.
I�0 tjjW
OTA UBL.IC IN AND FOR
'HE ST WE OF TEXAS
My Commission Expires:
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with
JENNIFER STURDEVANT
NotorY PUblle,$tote of lexos
MY Commission Expires
Octobar 24,2016
f
1
AFFIDAVIT OF KENNETH D.
FRANCH,P.E. Page-4-
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