2008-093ORDINANCE NO. 2008- O93
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR
ENGINEERING SERVICES IN SUPPORT OF THE CITY'S CAPITAL IMPROVEMENT
PLAN RELATED TO APPROVED ELECTRICAL POWER SYSTEM CONSTRUCTION
PROJECTS FOR DENTON MUNICIPAL ELECTRIC WITH BALLARD CLC (IN AN
AMOUNT NOT-TO-EXCEED $150,000); AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to engage the engineering firm of Ballard CLC, a Limited Liability Corporation
(``Ballard"), to provide the City with professional engineering services pertaining to Ballard's
work in support of the city's capital improvement plan on approved electrical power system
construction projects for Denton Municipal Electric; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the hereinabove described professional services by Denton Municipal Electric, and that
limited City staff cannot adequately perform the specialized engineering and other services and
tasks, with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act," generally provides that a city may not select a provider of
professional services on the basis of competitive bids, but must select the provider of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price; and the City Council hereby finds and concludes that Ballard
is appropriately qualified under the provisions of the law,.to be retained as an engineering firm
for the City and for Denton Municipal Electric, respecting this engagement; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional services, as set forth in the
"Professional Services Agreement for Engineering Services in Support of the City's Capita]
Improvement Plan"; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
SECTION 2: The City Manager is hereby authorized to execute a "Professional Services
Agreement for Engineering Services In Support of the City's Capital Improvement Plan" (the
"Agreement") with the engineering firm of Ballard CLC, a Louisiana Limited Liability
Corporation, for professional engineering services pertaining to the interests of the City and of its
electric department, DME, as hereinabove described, in substantially the form of the Agreement
which is attached hereto as Exhibit "A" and incorporated herewith by reference.
SECTION 3: The award of this Agreement is on the basis of the demonstrated
competence and qualifications of the firm of Ballard, and the ability of the Ballard, to perform
the professional engineering and related services needed by the City for a fair and reasonable
price.
SECTION 4: The expenditure of funds as provided for in the attached Agreement is
hereby authorized.
SECTION 5 This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~ day of _ ~ (~~ 2008.
. ~~
PE R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By: ~1~
2
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
IN SUPPORT OF THE CITY'S CAPITAL IMPROVEMENT PLAN
THIS AGREEMENT (hereafrer the "Agreement") is made and entered into this ~ day
of _ ~2~ 2008, by and between the City of Denton, Texas, a Texas Municipal
Corpor do with its principal offices at 215 East McKinney Street, Denton, Texas 76201
(hereinafrer "OWNER"); and Ballazd CLC, a Louisiana Limited Liability Corporation, with its
offices at 1001 Bayou Place, Alexandria, Louisiana 71303 (hereinafrer "BALLARD"); the parties
acting herein by and through their respective duly-authorized representatives and officers.
WITNESSETH, that in consideration of the mutual promises, covenants, agreements herein
contained, and in consideration of the premises, the parties hereto do mutually AGREE as follows:
ARTICLE [
EMPLOYMENT OF BALLARD
The OWNER hereby contracts with BALLARD, as an independent contractor, and
BALLARD hereby agrees to perform the services herein in connection with the Capital
Improvements Projects as well as other projects needed by the OWNER, as stated in the Articles to
follow, with diligence and in accordance with the professional standards customarily obtained for
such services in the State of Texas. The professional services set forth herein are in connection
with the following described project (the "Project"):
Providing professional engineering services to Denton Municipal Electric ("DME"), which is
a wholly-owned department of the OWNER pertaining to the Capital Improvements Plan
together with any related engineering services that are directed by the OWNER.
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional manner:
To perform those services as are described in the Scope of Services letter, dated March 1,
2008, from David R. Pfeiffer, Vice President, of BALLARD to Chuck Sears, Engineering
Administrator of DME, consisting of twelve (12) total pages, marked as Exhibit "A" ("Scope of
Services and Statement of Qualifications"); which Exhibit is attached hereto, and the same is
incorporated herewith by reference.
ARTICLE III
ADDITIONAL SERVICES
Any Additional Services to be performed by BALLARD, if authorized by the OWNER,
which aze not included as Basic Services in the above-described Scope of Services, set forth in
Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine,
Page I of 10
in writing, the scope of such Additional Services, the amount of compensation for such Additional
Services, and other essential terms pertaining to the provision of such Additional Services by
BALLARD.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective on the date of City Council approval. It shall remain
in force and effect for the period that may reasonably be required for the completion of the Project,
including Additional Services, if any, and any required extensions approved by the OWNER. The
parties shall generally follow Exhibit "A" regarding the professional engineering services rendered.
This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of
the essence in the performance and completion of this Agreement. BALLARD shall make all
reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet
the schedule(s) reasonably established by the OWNER, acting through its City Manager, its
Assistant City Manager for Utilities, its General Manager of DME or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. ``Subcontract Expense" is defined as those expenses, if any, incurred by BALLARD
in the employment of others in outside firms, for services in the area of professional
consulting, or other related services. Any subcontractor or sub-consultant billing reasonably
incurred by BALLARD in furtherance and connection with the Project shall be invoiced to
OWNER from BALLARD.
3. "Direct Non-Labor Expense" is defined as that expense, based upon actual cost,
for any out-of-pocket expense reasonably incurred by BALLARD in the performance of
this Agreement for long distance telephone charges, telecopy charges, messenger services,
printing and reproduction expenses, out-of-pocket expenses for purchased computer time,
prudently incurred travel expenses related to the work on the Project, and similar incidental
expenses that are stated in the "Statement of Qualifications -Hourly Fee Schedule"
(Exhibit "A") that are incurred in connection with the Project.
B. BILLING AND PAYMENT:
For and in consideration of the professional services to be performed by BALLARD herein,
OWNER agrees to pay BALLARD, based upon the satisfactory completion of the Basic
Services tasks set forth in Exhibit "A" above, as follows:
1. BALLARD shall perform its work on this Project in accordance with the
provisions of those tasks which are described and are set forth in the "Scope of Services"
defined in Exhibit "A" attached hereto and incorporated herewith by reference. BALLARD
shall bill on aonce-monthly basis in accordance with the provision of the hourly billing rates,
on a basis as applicable, as otherwise provided in Exhibit "A", in the Hourly Fee Schedule.
For and in consideration of the professional services to be performed by BALLARD, the
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For and in consideration of the professional services to be performed by BALLARD, the
OWNER agrees to pay, in accordance with Exhibit "A" hereto, which is incorporated
herewith by reference, a total fee, including reimbursement for direct non-labor expenses and
for its subcontractor expenses, of an amount not-to-exceed $150,000.
2. Partial payments to BALLARD shall be made monthly in accordance with the
statements reflecting the actual completion of the Basic Services, rendered to an approved by
the OWNER through its City Manager, or its Assistant City Manager for Utilities, or its
General Manager of DME, or his designee. However, under no circumstances shall any
monthly statement for services exceed the value of the work performed at the time a
statement is rendered. The OWNER may withhold the final five (5%) percent of the above
not-to-exceed amount until satisfactory completion of the Project by BALLARD.
3. Nothing contained in this Article shall require the OWNER to pay for any work
that is not submitted in compliance with the terms of this Agreement. OWNER shall not be
required to make any payments to BALLARD at any time when BALLARD is in default
under this Agreement.
4. It is specifically understood and agreed that the BALLARD shall not be
authorized to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any chazge, expense or reimbursement above the not-to-exceed
amount as stated hereinabove, without first having obtained the prior written authorization of
the OWNER. BALLARD shall not proceed to perform any services to be later provided for
under Ar[icle III. "Additional Services" without first obtaining the prior written authorization
of the OWNER.
C. ADDITIONAL SERVICES: For Additional Services authorized in writing by the
OWNER in Article III. hereinabove, BALLARD shall be paid based on a to-be-agreed-upon
Schedule of Charges. Payments for Additional Services shall be due and payable upon
submission by BALLARD, and shall be paid in accordance with Article V.B. hereinabove.
Statements for Basic Services and any Additional Services shall be submitted to OWNER no
more frequently than once monthly.
D. PAYMENT: If the OWNER fails to make payments due the BALLARD for services
and expenses within thirty (30) days after receipt of the BALLARD'S undisputed statement
thereof, the amounts due BALLARD will be increased by the late chazge of one percent (1%)
per month from and after the said thirtieth (30th) day, and in addition, thereafter, BALLARD
may, after giving ten (10) days written notice to the OWNER, suspend services under this
Agreement until BALLARD has been paid in full for all amounts then due and owing, and
not disputed by OWNER, for services, expenses and charges. Provided, however, nothing
herein shall require the OWNER to pay the late charge of one percent (1 %) per month as set
forth herein, if the OWNER reasonably determines that BALLARD'S work is not submitted
in accordance with the terms of this Agreement, or is unsatisfactory, in accordance with
Article V.B. of this Agreement, and OWNER has promptly notified BALLARD of that fact
in writing.
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ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
BALLARD will exercise reasonable care and due diligence in discovering and promptly
reporting to the OWNER any defects or deficiencies in the work of BALLARD or any of its
subcontractors or sub-consultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepazed or fiunished by the BALLARD pursuant to this Agreement are
instruments of service and shall become the property of the OWNER upon the termination of this
Agreement. BALLARD is entitled to retain copies of all such documents. The documents
prepared and famished by BALLARD aze intended only to be applicable to this project and
OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In
the event the OWNER uses the Agreement in another project or for other purposes than specified
herein any of the information or materials developed pursuant to this Agreement, BALLARD is
released from any and all liability relating to their use in that project.
ARTICLE VII[
INDEPENDENT CONTRACTOR
BALLARD shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER. BALLARD shall not have or claim any right arising from employee
status.
ARTICLE LY
INDEMNITY AGREEMENT
BALLARD shall indemnify and save and hold harmless the OWNER and its officials,
officers, agents, attorneys and employees from and against any and all liability, claims, demands,
damages, losses and expenses, including but not limited to court costs and reasonable attorney fees
incurred by the OWNER; and including without limitation damages for bodily and personal injury,
death, or property damage, resulting from the negligent acts or omissions of BALLARD, or its
principals, officers, shareholders, agents, attomeys and employees in the execution, operation, or
performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses aze hereby expressly reserved.
ARTICLE X
INSURANCE
During the performance of the Services under this Agreement, BALLARD shall maintain the
following insurance with an insurance company licensed to do business in the State of Texas by the
State Insurance Board or any successor agency, that has a rating with A. M. Best Rate Carriers of at
Page 4 of ]0
least an "A--" or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident and with property damage limits for not
less than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirements, and
Employer's Liability Insurance with limits ofnot less than $100,000 for each accident.
D. Professional Liability Insurance or appropriate Errors & Omissions Insurance with limits of
not less than $1,000,000 annual aggregate.
E. BALLARD shall furnish insurance certificates or insurance policies at the OWNER's request
to evidence such coverages. The insurance policies shall name the OWNER as an additional
insured on all such policies to the extent that is legally possible; and shall contain a provision
that such insurance shall not be cancelled or modified without thirty (30) days prior written
notice to OWNER and BALLARD. In such event, BALLARD shall, prior to the effective
date of the change or cancellation of coverage, deliver copies of any such substitute policies,
furnishing at least the same policy limits and coverage, to OWNER.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties will make efforts to settle any disputes arising under this Agreement by
submitting the dispute to azbitration or other means of alternate dispute resolution such as
mediation. However, no azbitration or other form of alternate dispute resolution arising out of, or
relating to this Agreement involving one party's disagreement may include the other party to the
disagreement without the other's approval.
ARTICLE XII
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty (30) days advance written notice to the other party.
B. This Agreement may alternatively be terminated in whole or in part in the event of either
party substantially failing to fulfill its obligations under this Agreement. No such termination
will be effected unless the other party is given (1) written notice (delivered by certified mail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to termination.
Page 5 of 10
C. If the Agreement is terminated prior to completion of the services to be provided hereunder,
BALLARD shall immediately cease all services upon receipt of the written notice of
termination from OWNER, and shall render a final bill for services to the OWNER within
twenty (20) days after the date of termination. The OWNER shall pay BALLARD for all
services properly rendered and satisfactorily performed, and for reimbursable expenses prior
to notice of termination being received by BALLARD, in accordance with Article V. of this
Agreement. Should the OWNER subsequently contract with a new consultant for the
continuation of services on the Project, BALLARD shall cooperate in providing information
to the OWNER and to the new consultant. If applicable, OWNER shall allow BALLARD a
reasonable time to transition and to tum over the Project to a new consultant.
CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT
pursuant to this Agreement to the OWNER on or before the date of termination, but may
maintain copies of such documents for its files.
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and liability of BALI'ARD, its principals, its officers, employees, or agents, for the
accuracy and competency of their work performed pursuant to this Agreement; nor shall such
approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for
any defect in the work prepared by BALLARD, its principals, its officers, employees, or agents.
ARTICLE XN
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in
the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt
requested, unless otherwise specified herein.
To BALLARD:
David R. Pfeiffer, P.E.
BALLARD,CLC
1001 Bayou Place
Alexandria, Louisiana 71303
Phone: (318) 767-1070
Fax: (318) 767-1072
To OWNER:
City of Denton, Texas
City Manager
215 East McKinney
Denton, Texas 76201
Fax: (940)349-8596
and
Chuck Sears, Engineering Administrator
Denton Municipal Electric
1659 Spencer Road
Denton, Texas 76205
Phone: (940) 349-7111
Fax: (940)349-7334
Page 6 of 10
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first
occur.
ARTICLE XV
ENTII2E AGREEMENT
This Agreement consisting of ten (10) pages and two (2) exhibits constitutes the complete
and final expression of the agreement of the parties and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications, understandings, and
agreements which may have been made in connection with the subject matter of this Agreement.
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement,
and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision.
ARTICLE XVII
COMPLIANCE WITH LAWS
BALLARD shall comply with all federal, state, local laws, rules, regulations, and ordinances
applicable to the work performed by BALLARD hereunder, as they may now read or as they may
hereafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, BALLARD shall not discriminate against any
person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
ARTICLE XIX
PERSONNEL
A. BALLARD represents that it has or will secure at its own expense all personnel required to
perform all the services required under this Ageement. Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER. BALLARD
shall immediately inform the OWNER in writing of any conflict of interest or potential
conflict of interest that BALLARD may discover, or which may arise during the term of this
Agreement.
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B. OWNER requires that BALLARD carefully safeguard any documents, data, and information
provided by OWNER to BALLARD incident to this engagement.
C. All services required hereunder will be performed by BALLARD or under its direct
supervision. All personnel engaged in performing the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under applicable state and local laws
to perform such services.
ARTICLE XX
ASSIGNABILITY
BALLARD shall not assign any interest in this Agreement and shall not transfer any interest
in this Agreement (whether by assignment, novation or otherwise) without the prior written consent
of the OWNER. BALLARD shall promptly notify OWNER, in writing, of any change of its name
as well as of any material change in its corporate structure, its location, and/or in its operations.
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith.
No evidence of any waiver or modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed.
The parties further agree that the provisions of this Article will not be waived unless as herein set
forth.
ARTICLE XXII
MISCELLANEOUS
A. The following exhibits are attached to, incorporated herewith by reference, and aze made a
part of this Agreement for all purposes pertinent:
Exhibit "A" Statement ofQualifications -Hourly Fee Schedule
B. The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this Agreement. BALLARD shall retain such books, records, documents
and other evidence pertaining to this Agreement during the period of this Agreement and for an
additional three (3) years thereafter; except if an audit is in progress or audit findings aze
unresolved, in which case records shall be kept until all audit tasks are completed and resolved.
These books, records, documents and other evidence shall be available, within ten (10) business
days of written request. Further, BALLARD shall also require all Subcontractors, material
suppliers, and other payees to retain all book, records, documents and other evidence pertaining to
this Agreement; and to allow OWNER similar access to those documents. All books and records
will be made available within a 50-mile radius of the City of Denton, Texas. The cost of the audit
will be borne by OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1 % or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the BALLARD which must be payable within thirty (30) days of receipt of an
Page8of10
invoice. Failure to comply with the provisions of this paragraph shall be deemed a material breach
of this Agreement, and shall constitute, in the OWNER'S sole discretion, grounds for termination
thereof. Each of the terms "books", "records", and "other evidence" as used herein, shall be
constmed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepaze a final printed document.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and constmed in accordance with the
laws of the State of Texas.
D. BALLARD shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisions hereof. In accomplishing the Project, BALLARD shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carved on by the OWNER.
E. For purposes of this Agreement, the parties agree that the Project Principal shall be David R.
Pfeiffer, P.E., Vice President. This Agreement has been entered into with the understanding,
expectation, and the OWNER's reliance, that the above-stated employees of BALLARD shall
perform and supervise all or a significant portion of the work on the Project. Any proposed
changes regarding the change of the Project Principal or other key personnel, requested by
BALLARD, respecting one or more of the above-stated employees, shall be subject to the
approval of OWNER, which approval the OWNER shall not unreasonably withhold.
Nothing herein shall limit BALLARD from using other qualified and competent members of
its firm to perform the other incidental services required herein, under its supervision or
control.
F. The OWNER shall assist and fully cooperate with BALLARD by placing at the BALLARD'S
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project and arranging for the access to, and make all provisions for
BALLARD to enter in or upon, public and private property as required for BALLARD to
perform professional services under this Agreement. OWNER and BALLARD agree that
BALLARD is entitled to rely upon background information furnished to it by OWNER
without the need for further inquiry or investigation into such information.
G. The captions of this Agreement aze for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through its duly authorized City Manager; and BALLARD h
executed this Agreement by and through its duly authorized undersigned officer, on this the
day of 2008.
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"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
GEORG C. CAMPBE L
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR ED A O LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
., ~~~1`d~,,~..i
"BALLARD"
BALLARD CLC
A Louisiana Limited Liability Corporation
By:
VICE PRE IDE T
ATTEST:
Page 10 of 10
STATEMENT OF QUALIFICA~'IONS
~-o~~n~ Query
Civil, Structural, Electrical, Environmental
and Surveying Services
Ballard CLC
1001 Bayou Place
Alexandria, LA 71303
(318) 767-1070
Statement of Qualifications
Ballard CLC is pleased to submit this Statement of Qualifications
with the purpose of offering Professional Engineering Services to
the City of Denton for substation design, and other civil, structural,
and building design needs.
Our submittal consists of pertinent qualification information
concerning Ballard CLC and our staff. You will find us fully
qualified to provide the required services with substantial
experience in the planning and design of this type project.
We approach your projects with great interest and enthusiasm. We
have assigned personnel that can meet your schedule and provide
quality service to complete your project on time and within
budget.
We appreciate the opporiwuty to work with you again. Please let
us know if you have any questions or need additional information.
Sincerely,
David R. Pfeiffer, P.E.
Vice President
B~aTd ~i .Ci
Pmved~the HLeve/oJlnnov:tiveSenzcas
CivilF.r~gioeefigy Sfrv~nlF~; b, F]odrica/Da{pp, EovimamrnhlAzressmraq and Surv~yigg
StatEment of Qualifications
1.0 Introduction of CLC Engineers, Inc..
Bdlldl d ULI~
Ballard CLC is delighted to
present this statement of
qualifications for consulting
engineering and surveying
services.
Ballard CLC is a consulting
engineering and surveying firm
located in Alexandria, Louisiana.
Specializing in Civil
Engineering, Structural
Engineering, Electrical Design,
Environmental Assessments,
and Surveying, Ballard CLC
provides the highest level of
innovative services.
Mr. David R. Pfeiffer, P.E., is
co-owner &vice-president of
Ballard CLC. Mr. Pfeiffer has
over sixteen years of engineering
design experience as well as ro
plus years technical experience
in Civil Engineering. Mr.
Pfeiffer is a Professional
Engineer registered in 26 States,
one United States Territory, and
one Canadian Providence.
In 1994, Mr. Pfeiffer established
his own consulting engineering
firm, Substation Design
Services, Inc. (SDS). In 2001
Mr. Pfeiffer was approached by
the patiners of SGS Witter, Inc.
with the proposal to become a
partner and Vice President of
SGS Witter, Inc. At this time,
SDS became the Alexandria, LA
division of SGS Witter, Inc.
SGS Witter, Inc. was a privately
owned engineering and
consulting firm until November
2002 at which time SGS Witter,
Inc. became part of TRC, a
national publicly traded
company. Mr. Pfeiffer remained
as Vice President/C.O.O. of this
firm until March of 2006 at
which time he founded CLC
Engineers, Inc. CLC Engineers
merged with Ballard &
Associates, Inc. in January 200
to form Ballard CLC.
The professional staff of Ballard
CLC have provided expert
services to a large client base
across the United States
including numerous
municipalities, utility
companies, and private sector
clients. Dedicated to achieving
client motivated goals, Ballard
CLC will provide expert services
and endeavor to meet all
customer expectations.
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Statement of Qualifications
2.0 Key Personnel
Bavara CLc
David R. Pfeiffer, P.E.
currently serves as Vice-
President of Ballard CLC and is
head of the Structural
Engineering Department. Mr.
Pfeiffer has more than r6 years
of engineering design
experience, as well as more than
ro years of technical experience
in Civil Engineering. His
education experience includes a
M.S. degree from Georgia
Institute of Technology. Mr.
Pfeiffer's engineering experience
includes designing foundations,
substation and transmission
structures, site layout and
development, bridges, low-rise
commercial buildings,
subdivisions, concrete and earth
retaining structures, as well as
environmental assessments.
J."Bryan Butler, P:E., Vice-
President and Co-Owner, has
over seventeen years experience
in Civil Engineering and is head
of the Civil Engineering
Department His education
includes a B.S. degree from
Texas A&M University in Civil
Engineering and a M.B.A. from
Texas Christian Academy. His
experience includes roadway,
subdivision, site, bridge, and
utility design. He has preformed
geometric, hydraulic and site
design for private, federally and
state-funded projects.
Ba Nguyen, E.I. has technical
expertise in civil/structural
design. Mr. Nguyen received a
B.S. degree in Civil Engineering
from Louisiana State University,
Baton Rouge, LA (2004). Mr.
Nguyen's project experience
includes the design of
substations, foundations, and
other structures across the
United States as well as several
projects locatedoverwas.
Clifford G. Williams assists
with electronic file preparation.
He attended the Alexandria
Technical College from 1993-
1995 `With a focus on Auto CADD
design. Mr. Williams has over u
years experience as a designer/
drafter in the area of civil/
structural engineering. His
project experience has
encompassed the use of
Microstation, GEOPACK,
AutoCAD, Piping Design System
and Integraph.
Jeremy Harding provides
exceptional electronic file
preparation. Mr. Harding is
skilled in the use of AutoCAD
2ooz, AutoCAD zooo. AutoCAD
14, Land Desk Top 2005 and
Civil Design 2005. Mr. Harding
brings proficiency in providing
clients with profitability and cost
effectiveness in all endeavors.
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Statement of Qualifications
3.0 Overview of Services
Ballard CLC
Civil Design:
• Storm Drainage
• Site Grading
• Cut & Fill
• Erosion Control
• Road Design
• Reinforced Concrete
Foundation Design
• Oil Containment Systems
Earth Retaining Wall
Design
Structural Design::
• Lattice Transmission
Towers
• Folded Plate, Tapered
Tubular Steel Poles
• Steel Substation
Structures
• Aluminum Substation
Structures
• Shop Drawings
• Equipment Enclosures
Electrical Design:
• Sag and Tension Design
of Overhead Conductors
• Below Grade Grounding
Design
• Outdoor Yard Lighting
Design
• Overhead Strike
Protection Design
• Physical Yard Layouts
Schemes and Design
• Materials and Equipment
• Mechanical Bus Design
• Bus Fault Design
Environmental Services:
• SPCC Plans
Design of Spill
Containment Reservoirs
• Phase I Assessments
Forensic Engineering:
• Residential Inspections
• Industrial & Commercial
Structural Inspections
• Foundation Inspections
Land Surveying:
• Topographic Surveys
• Hydrographic Surveys
• Boundary and
Preliminary Land
Surveys
• Utility Surveys
• Highway Surveys
• Construction Surveys
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Statement of Qualifications
4.0 Representative Project Eicperience
Bea ci,c
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Gvil F~~,..,~ ~ StrutAUal F~ ,..pros g~ria/Desgq F.oviranmmhlA.ssessmeaLri and Sruveyu{g
Statement of Qualifications
4.0 Representative Project Experience
Ballard CLC
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Statement of Qualifications
4.0 Representative Project Experience
Ballard CLC
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(Svil~_=ro, SGu~a/F :,.+~.b, h7ec~ualDa~gn, F.oviroommhlAsressmr~c5 and Suiveyir~
Statement of Qualifications
4.0 Representative; Project Experience.
Ballard CLC
Pmved~g~t/,eH¢~ies[Level ollnoaaWeServires
C.,vilF.rgioernq~ Sttv~nl F :..w.~ F7adrics/Des~np, F.ovironmmCJA~meatri aad Sruveyiq~
Statement of Qualifications
5.0 Registered Professional Licenses
Ballard CLC
David R. Pfeiffer, P.E.
State License # Expiration
Utah', 1998 366937-2202 313112009'
Connecticut; 2003 23682 1/3V2009'
vrginia, 1994 ' 402025497 9/30/2008
Maryland, 1995 21270 7/5/2008
Florida, 1994 48017 212812009,
Minnesota, 1997 25610 6/30/2008
Colorado, 2001 35484 5131!2009:
Georgia, 1994 21073 12/31/2008
New Jersey, 1997 24GE04080700 413012008.
New York, 1999 076494.1 8/31/2010
Arizdna, 2001 36077 3/31/2010
Wisconsin, 2003 36377 7/31/2008
Texas, 1997 83062 9/30/2008
Manitoba, 2003 (inaceve) 24618 Inactive
New Mexico, 2000 14758 12/3112008
Mississippi, 1994 12286 12/31/2008
Louisana, 1995 26410 04/30/2008
South Carolina, 1995 16969 6/30/2008
California, 1996 56000 12/31/2008
Kentucky, 1997 19562 6130!2008
North Dakota; 2001 4766; 12!3112008
South Dakota, 2002 7835 9/30/2008
.New Hampshire, 2003' 11162' 913012009'
Massachusetts, 2004 45591 6/30/2008
Washington, 2005 41650 9/11/2009
Delaware, 2004 13344 613012008'
Hawaii, 2006` 12083 413012008'
Pennsylvania 74592 9!30/2008
PmvidigrtheHglied Ltvel ollnnovaWeServiaes
G'vi/Er{ginerli~ S1WcffuaJF :..,~ ~;, ~iolDec{p EnvironmeQhlAssessmratrs and Suivryigg
Statement of Qualifications
5.0 Registered Professional Licenses
J. Bryan Butler, P.E.
State. License # Expiration
•Teiias, 1993 79708 6/30/2008
Louisiana, 1996 27013 3/31!2009
Ohio, 2007 72552 12/312008.
Alabama, 2007 28875 12/31!2008
Indiana, 2007 10708889 7!312008
Ballard CLC
73ovidu+gtheH~iest Lcvel otlnnwativeServices
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Statement of Qualifications
6,0 Hourly Fee Schedule
As of January 1, 2008
CLASSIFICATION HOURLY RATE
Principal 120.00
Senior Project Manager 115.00
Civil Engineer & Project Manager 100.00
Engineer Intern - CiviUStructural 85.00
Senior Designer -Levell 78.00
Design Technician -Level 2 72.00
Catld Technician -Level 3 57.00
Draftsman 40.00
Construction Administration Coordinator 72.00
Project Site Representative 46.00
Registered Surveyor 100.00
3 Man Survey Crew 120.00
2 Man Survey Crew 90.00
Party Chief 55.00
Instrumentman 37.00
Rodman 35.00
Administrative Assistant & Grant Writer 56.00
Clerical 36.00
EXPENSES AND MISCELLANEOUS
GPS Equipment
(When required by Specification or Scope of Work) 70.00/hr
Travel Mileage 0.50/mile
ATV Survey 40.00/day
Reproduction of Drawings
Bond Plots 0.30/S.F.
Vellum Plots 1.00/S.F.
Reproduction of Specification 8 Project Manuals 12.50/100 ct.
INCIDENTALS
Incidentals include all non-routine or special expenses not covered in any of the above rates, such
as, special survey equipment, special vehicles, consultants, data processing, and rentals of addi-
tionalequipment. The charge for such incitlentals will be at 100% of actual cost.
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