2022-03-21 - Ordinance 2022-036 - AUTHORIZING A WATER ANALYTIC SERVICES AGREEMENT WITH MCKIM & CREED ORDINANCE NO. 20i22-0 6
AN ORDINANCE AUTHORIZING A'IPVIATER ANALYTIC SERVICES AGREEMENT WITH IVICKIIIVI &CREED
WHEREAS,the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of
1970; and
WHEREAS, the "pillage seeks to enter into a Water Analytic Services Agreement with McKim
Creed for purchase, maintenance, software and analytics of water sensors, subject to final review and
approval by the Village Attorney,
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLIN,OIS, as follows.
SECTION I . The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance
as if fully set forth herein.
SECTION Z. The 'Village Manager is authorized to enter into a Water Analytic Services Agreement with
(McKim & Creed for purchase, maintenance, software and anaiytics of water sensors at a (price not to
exceed $247,480.00 over a three year term„ subject to final review and approval by the Village Attorney.
SECTION( 3. If any secti'oni, paragraph, clause or provision of this Ordinance shall be held invalid, the
invalidity thereof shall not affect any other provision of this Ordinance..
SECTION I 4. This Ordinance shall be in full force and effect from and after its passage and approval and
shall not be codified.
AYES; 6—Stein Ottenheimer,WVeidenfeld Johnson Smith Dike
NAYES: U....None
ABSENT: 0—None
PASSED: Larch 21, 2022
APPROVED: (March 21,2022
APPROVED:
Beverly Sussm ; i lage President
ATTEST:
x x.
Janet ii Mara . adage"" Ciprtt
VILLAGE OF BUFFALO GROVE
PROFESSIONAL SERVICES AGREEMENT
WATER ANALYTIC SERVICES
THIS AGREEMENT is dated as of the 21st day of March 2022. ("Agreement")and is by and between the
VILLAGE OF BUFFALO GROVE,an Illinois home rule municipal corporation("Village")and the Firm identified in
Subsection lAbelow.
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this Agreement,
and pursuant to the Village's statutory and home rule powers,the parties agree as follows:
SECTION 1. FIRM.
A. Engagement of Firm.The Village desires to engage the Firm Identified below to provide all necessary
water analytic services and to perform the work in connection with the project identified below:
McKim &Creed
243 North Front Street
Wilmington, NC 28401
Attn:S. Barry Hales
Phone:910-343-1048
Email: bhales@mckimcreed.com
B. Project Description.The Firm shall provide Water Analytic Services for the Village of Buffalo Grove as
detailed in the attached Scope of Service Exhibit A.
C. Representations of Firm.The Firm has submitted to the Village a description of the services to be provided
by the Firm, a copy of which is attached as Exhibit A to this Agreement("Services"). The Firm represents that it
is financially solvent, has the necessary financial resources, and is sufficiently experienced and competent to perform
and complete the services set forth in Exhibit A.
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SECTION 2. SCOPE OF SERVICES.
A. Retention of the Firm.The Village retains the Firm to perform,and the Firm agrees to perform,the Services.
B. Services.The Firm shall provide the Services pursuant to the terms and conditions of thisAgreement.
C. Commencement.Time of Performance.The Firm shall commence the Services immediately upon receipt of
written notice from the Village that this Agreement has been fully executed by the Parties(the"Commencement
Date").The Firm shall diligently and continuously prosecute the Services untilthe completion of the Work.
D. Reporting.The Firm shall regularly report to the Village Manager("Manager"),or his/her designee, regarding the
progress of the Services during the term of this Agreement.
SECTION 3.COMPENSATION AND METHOD OF PAYMENT.
A. Agreement Amount.The total amount billed for the Services during the term of this Agreement shall not exceed
the amount identified in the Schedule of Prices section in Exhibit B, unless amended pursuant to Subsection 8A of
this Agreement.
B. Invoices and Payment.The Firm shall submit invoices to the Village for all Services and subcontractor services
monthly.The Invoices shall be in a Village approved and itemized format for those portions of the Services
performed and completed by the Firm.The amount billed in any such invoice shall be based on the method of
payment set forth in Exhibit B.The Village shall pay to the Firm the amount billed pursuant to the Illinois Local
Government Prompt Payment Act(50 ILCS 505/1 et seq.)
C. Records.The Firm shall maintain records showing actual time devoted and costs incurred and shall permit the
authorized representative of the Village to inspect and audit all data and records of the Firm for work done under
the Agreement.The records shall be made available to the Village at reasonable times during the Agreement
period,and for three years after the termination of the Agreement.
D. Claim In Addition To Agreement Amount. if the Firm wishes to make a claim for additional compensation as a
result of action taken by the Village,the Firm shall provide written notice tothe Village of such claim within 7
calendar days after occurrence of such action as provided by Subsection B.D. of this Agreement,and no claim for
additional compensation shall be valid unless made in accordancewith this Subsection.Any changes in this
Agreement Amount shall be valid only upon written amendment pursuant to Subsection 8.A.of this Agreement.
Regardless of the decision of the Village relative to aclaim submitted by the Firm,the Firm shall proceed with all of
the Services required to complete the project under this Agreement as determined by the Village without
interruption.
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SECTION 3.COMPENSATION AND METHOD OF PAYMENT(cont.)
E. Taxes, Benefits and Royalties.The Agreement Amount includes all applicable federal,state,and local taxes of
every kind and nature applicable to the Services as well as all taxes,contributions,and premiums for
unemployment insurance,old age or retirement benefits, pensions,annuities,orsimilar benefits and all costs,
royalties and fees arising from the use on,or the incorporation into,the Services, of patented or copyrighted
equipment, materials,supplies,tools,appliances, devices, processes,or inventions.All claim or right to claim
additional compensation by reason of the payment of anysuch tax,contribution, premium,costs, royalties, or
fees is hereby waived and released by Firm.
F. Escalation
Written requests for price revisions after the first year period shall be submitted at least sixty(60)calendar
days in advance of the annual agreement period or Term. Requests must be based upon and include
documentation of the actual change in the cost of the components involved in the contract and shall not
include overhead,or profit. In any case the price revisions for any Term shall not exceed the most recent 12-
month Consumers Price Index(CPI-All Urban Consumers,Chicago)or 2%whichever is less.
The Village reserves the right to reject a proposed price increase and terminate the Agreement.
For any year beyond the initial year,this Agreement is contingent upon the appropriation of sufficient funds by
the Village Board; no charges shall be assessed for failure of the Village to appropriate funds in future contract
years.
SECTION 4.PERSONNEL.SUBCONTRACTORS.
A. Key Protect Personnel.The Key Project Personnel identified in Exhibit A shall be primarilyresponsible for
carrying out the Services on behalf of the Firm.The Key Project Personnel shall not be changed without the
Village's prior written approval,which shall not be unreasonably withheld.
B. Availability of Personnel.The Firm shall provide all personnel necessary to complete the Services including,
without limitation, any Key Project Personnel identified in this Agreement.The Firm shall notify the Village as
soon as practicable prior to terminating the employment of, reassigning,or receiving notice of the resignation of,
any Key Project Personnel.The Firm shall have no claimfor damages and shall not bill the Village for additional
time and materials charges as the result of any portion of the Services which must be duplicated or redone due to
such termination or for any delay or extension of the Time of Performance as a result of any such termination,
reassigning, or resignation.
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SECTION 4.PERSONNEL,SUBCONTRACTORS(cont.j
C. Approval and Use of Subcontractors.The Firm shall perform the Services with its own personnel and under the
management,supervision,and control of its own organization unless otherwise approved by the Village Manager
in writing.All subcontractors and subcontracts used by the Firm shall be acceptable to, and approved in advance
by,the Village Manager.The Village Manager's approval of any subcontractoror subcontract shall not relieve the
Firm of full responsibility and liability for the provision, performance,and completion of the Services as required
by the Agreement.All Services performed under any subcontract shall be subject to all of the provisions of this
Agreement in the same manneras if performed by employees of the Firm. For purposes of this Agreement,the
term"Firm"shall be deemed also to refer to all subcontractors of the Firm, and every subcontract shall include a
provision binding the subcontractor to all provisions of this Agreement.
D. Removal of Personnel and Subcontractors. If any personnel or subcontractor fails to perform the Services in a
manner satisfactory to the Village,the Firm shall immediately upon notice from the Village Manager remove and
replace such personnel or subcontractor.The Firm shall have no claim for damages,for compensation in excess
of the amount contained in this Agreement for a delay or extension of the Time of Performance as a result of
any such removal or replacement.The Firm shall employ competent staff and shall discharge,at the request of
the Village Manager, any incompetent, unfaithful,abusive or disorderly staff or subcontractor in its employ.
SECTION 5.CONFIDENTIAL INFORMATION.
A. Confidential Information.The term "Confidential Information"shall mean information in the possession or under
the control of the Village relating to the technical, business or corporate affairs of the Village;Village property;
user information, including,without limitation,any information pertaining to usage of the Village's computer
system, including and without limitation,any information obtained from server logs or other records of electronic
or machine readable form;and the existence of,and terms and conditions of,this Agreement.Village
Confidential Information shall not include information that can be demonstrated: (i)to have been rightfully in the
possession of the Firm from a source other than the Village prior to the time of disclosure of said information to
the Firm underthis Agreement("Time of Disclosure"); (ii)to have been in the public domain prior to the Time of
Disclosure;(iii)to have become part of the public domain after the Time of Disclosure by a publication or by any
other means except an unauthorized act or omission or breach of this Agreement on thepart of the Firm or the
Village;or(iv)to have been supplied to the Firm after the Time of Disclosure without restriction by a third party
who is under no obligation to the Village to maintain such information in confidence.
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SECTION 5.CONFIDENTIAL INFORMATION. (cont.)
B. No Disclosure of Confidential Information by the Firm.The Firm acknowledges that it shall, in performing the
Services for the Village under this Agreement, have access to or be directly or indirectly exposed to Confidential
Information.The Firm shall hold confidential all Confidential Information and shall not disclose or use such
Confidential Information without express prior written consent of the Village Manager.The Firm shall use
reasonable measures at least as strict as those the Firm uses to protect its own confidential information.Such
measures shall include,without limitation, requiring employees and subcontractors of the Firm to execute a
non-disclosure agreement before obtaining access to Confidential Information.
SECTION 6.WARRANTY AND INSURANCE
A. Warranty of Services.The Firm warrants that the Services shall be performed in accordance with the normal
standards of professional practice,care,and diligence practiced by recognized firms in performing services of a
similar nature in existence at the Time of Performance,thewarranty expressed shall be in addition to any other
warranties expressed in this Agreement,or expressed or implied by law,which are hereby reserved unto the
Village.
B. Insurance. Firm shall maintain throughout the term of this Agreement insurance,evidencing at least the
minimum insurance coverages and limits as set forth in Exhibit C tothis Agreement.
C. No Personal Liability. No elected or appointed official,agent,or employee of the Village shall be
personally liable, in law or in contract,to the Firm as the result of the execution ofthis Agreement.
D. Indemnity/Hold Harmless Provision To the fullest extent permitted by law,the Firm hereby agrees to indemnify
and hold harmless the Village, its officials,agents and employees against all injuries,deaths, loss,damages,claims,
patent claims,suits, liabilities,judgments,cost and expenses,which may in anywise accrue against the Village, its
officials,agents and employees arising in whole or in part or in consequence of the negligent performance of this
work by the Firm, its employees, or subcontractors,or which may in anywise result therefore,except that arising
out of the legal cause of the Village, its agents or employees,the Firm shall, at its own expense, pay all charges of
attorneys and all costs and other expenses to the extent arising therefore or incurred in connections therewith.
Firm expressly understands and agrees that any performance bond or insurance policies required by this contract,
or otherwise provided by the Firm,shall in no way limit the responsibility to indemnify, keep and save harmless and
defend the Village, its officials, agents and employees as herein provided.
E. Kotecki Waiver. In addition to the requirements set forth above,the Firm (and any subcontractor into whose
subcontract this clause is incorporated)agrees to assume the entire liability for all personal injury claims suffered
by its own employees and waives any limitation of liability defense based upon the Worker's Compensation Act and
cases decided there under. Firm agrees to indemnify and defend the Village from and against all such loss,expense,
damage or injury, including reasonable attorneys'fees,which the Village may sustain as a result of personal injury
claims by Firm's employees,except to the extent those claims arise as a result of the Village's own negligence.
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SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS
A. Relationship of the Parties.The Firm shall act as an independent contractor in providingand performing the
Services. Nothing in, nor done pursuant to,this Agreement shall be construed(i)to create the relationship of
principal and agent, employer and employee, partners,or jointventures between the Village and Firm;or(ii)
to create any relationship between the Village and any subcontractor of the Firm.
B. Conflict of Interest.The Firm represents and shall at all times abide by professional ethical requirements and
other applicable law regarding conflicts of interest.
C. No Collusion.The Firm represents and certifies that the Firm is not barred from contracting with a unit of state
or local government as a result of(i)a delinquency in the payment of any tax administered by the Illinois
Department of Revenue unless the Firm is contesting,in accordance with the procedures established by the
appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section1l-42.1-1 et seq. of
the Illinois Municipal Code,65 ILCS 5/11-42.1-1 et seq.;or(ii)a violation of either Section 33E-3 or Section 33E-4
of Article 33E ofthe Criminal Code of 1961, 720 1LCS 5/33E-1 et seq.The Firm represents that the only persons,
firms, or corporations interested in this Agreement as principals are those disclosed to the Village prior to the
execution of this Agreement,and that this Agreement is made without collusion with any other person,firm,or
corporation. If at any time it shall be found that the Firm has, in procuring this Agreement,colluded with any
other person,firm, or corporation,then the Firm shall be liable to the Village for all loss or damage that the Village
may suffer, and this Agreement shall,at theVillage's option, be null and void.
D. Sexual Harassment Policy.The Firm certifies that it has a written sexual harassment policy in full compliance with
Section 2-105(A)(4)of the Illinois Human Rights Act, 775 ILCS 512-105(A)(4).
E. Termination.
1) Village Termination Rights
a. Notwithstanding any other provision hereof,the Village Manager may terminate thisAgreement,
without cause, at any time upon 15 calendar days prior written notice to the Firm. In theevent that this
Agreement is so terminated,the Firm shall be paid for Services actually performed and reimbursable
expenses actually incurred, if any, prior to termination, not exceeding the value ofthe Services
completed as determined as provided in Exhibit B.
b. After 12 months but before 18 months from the date of this contract,the Village may issue the Firm a
notice to renegotiate terms. Within 14 calendar days of that notice the Firm shall resubmit pricing to
the Village with a three-year term. At that time the Village may elect to issue an amendment to this
contract utilizing that new term,cancel this contract without penalty or continue with the existing
agreement.
2) If the Firm Terminates the Agreement without cause
a. If the Village decides to continue utilizing the software and hardware assets,then the Firm will provide
reasonable assistance to the Village at the time of termination to transition the software and hardware
assets required to the Village or its designated Party. This includes, but is not limited to,transferring
historical data,continuing software agreements, data service agreements and cellular service agreements.
b. The termination schedule for the Firm is as follows:
Period in which Termination Occurs Termination Fee
0-6 Months $100,000
6-12 Months $75,000
12-36 Months $50,000
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SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS(cont.)
F. Term.The Time of Performance of this Agreement, unless terminated pursuant to the terms of this
Agreement,shall be for 36 months.The Agreement may be renewed upon mutual agreement by both
parties for additional 24 month periods.At the end of any term the Village of Buffalo Grove reserves the
right to extend this agreement for a period of up to ninety(90)calendar days for the purpose of securing a
new agreement
G. Compliance with Laws and Grants. Firm shall give all notices, pay all fees, and take all other action that may be
necessary to ensure that the Services are provided, performed,and completed in accordance with all required
governmental permits, licenses, or other approvals and authorizations that may be required in connection with
providing, performing,and completing the Services,and with all applicable statutes,ordinances, rules, and
regulations, including without limitation the Fair Labor Standards Act;any statutes regarding qualification to do
business;any statutes prohibiting discrimination because of,or requiring affirmative action based on, race, creed,
color, national origin, age,sex,or other prohibited classification,including,without limitation,the Americans with
Disabilities Act of 1990,42 U.S.C. §§ 12101 et seq.,and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.
Firm shall also comply with all conditions of any federal,state,or local grant received byOwner or Firm with
respect to this Agreement or the Services.
Firm shall be solely liable for any fines or civil penalties that are imposed by any governmental or quasi-
governmental agency or body that may arise,or be alleged to have arisen,out of or in connection with Firm's,or its
subcontractors', performance of, or failure to perform,the Services or any part thereof.
Every provision of law required by law to be inserted into this Agreement shall be deemed to be inserted herein.
H. Default. If the Firm has failed or refused to prosecute, or has delayed in the prosecution of,the Services with
diligence at a rate that assures completion of the Services in full compliance with the requirements of this
Agreement, or has otherwise failed, refused, or delayed to perform or satisfy the Services or any other
requirement of this Agreement("Event of Default"), and fails to cure any such Event of Default within fourteen
(14)calendar days after the Firm's receipt of written notice of such Event of Default from the Village,then the
Village shall have the right,without prejudice to any other remedies provided by law or equity,to pursue any one
or more of the following remedies:
1. Cure by Firm.The Village may require the Firm,within a reasonable time,to complete or correct all or
any part of the Services that are the subject of the Event of Default;and to take any or all other action
necessary to bring the Firm and the Services into compliance with this Agreement.
2. Termination of Agreement by Village.The Village may terminate this Agreement without liability
for further payment of amounts due or to become due under thisAgreement.
3. Withholding of Payment by Village.The Village may withhold from any payment,whether or not
previously approved,or may recover from the Firm,any and all costs,including attorneys'fees and
administrative expenses, incurred by the Village as the result of any Event of Default by the Firm or as
a result of actions taken by the Village in response toany Event of Default by the Firm.
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SECTION 7.CONSULTANT AGREEMENT GENERAL PROVISIONS(cont.)
I. No Additional Obligation.The Parties acknowledge and agree that the Village is under no obligation under
this Agreement or otherwise to negotiate or enter into any other or additional contractsor agreements with
the Firm or with any vendor solicited or recommended by the Firm.
J. Village Manager Authority. Notwithstanding any provision of this Agreement, any negotiations or agreements
with,or representations by the Firm to vendors shall be subject to the approval of the Village Manager.The
Village shall not be liable to any vendor or other third party for any agreements made by the Firm, purportedly
on behalf of the Village,without the knowledge of and express approval by the Village Manager.
K. Mutual Cooperation.The Village agrees to cooperate with the Firm in the performance ofthe Services, including
meeting with the Firm and providing the Firm with such confidential and non-confidential information that the
Village may have that may be relevant and helpful to the Firm's performance of the Services.The Firm agrees to
cooperate with the Village in the performance of the Services to complete the Work and with any other Firms
engaged by the Village.
L. News Releases.The Firm shall not issue any news releases or other public statements regarding the Services
without prior approval from the Village Manager. Nothing Herein shall limit the Firm's right to identify the
Village as a client of the Firm or from disclosing matters arising from the relationship between the Village and
the Firm that are subject to disclosure under the Illinois Freedom of Information Act, (5 ILCS 140,et seq)
M. Ownership. Designs,drawings, plans,specifications, photos, reports, information,observations, records,
opinions,communications,digital files, calculations, notes,and any other documents,data,or information, in any
form, prepared, collected,or received by the Firm in connection with any or all of the Services to be performed
underthis Agreement("Documents")shall be and remain the exclusive property of the Village.At the Village's
request,or upon termination of this Agreement,the Firm shall cause the Documents to be promptly delivered to
the Village, in original format or a suitable facsimile acceptable to the Village.
N. Favorable Terms
Firm represents that all of the benefits and terms granted by Firm herein are at least as favorable as the benefits
and terms granted by Firm to Illinois Home Rule Municipalities
Should Firm enter into any subsequent agreement with any Illinois Home Rule Municipalities, during the term of
this Agreement,which provides for benefits or terms more favorable than those contained in this Agreement,
including all exhibits to this Agreement,then this Agreement shall be deemed to be modified to provide the
Village with those more favorable benefits and terms.
Firm shall notify the Village, in writing, promptly of the existence of such more favorable benefits and terms and
the Village shall have the right to receive the more favorable benefits and terms immediately. If requested in
writing by the Village, Firm shall amend this Agreement to contain the more favorable terms and conditions.
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SECTION 8.GENERAL PROVISIONS.
A. Amendment. No amendment or modification to this Agreement shall be effective unless and until such
amendment or modification is in writing, properly approved in accordance with applicable procedures, and
executed.
B. Assignment.This Agreement may not be assigned by the Village or by the Firm without the prior written consent
of the other party.
C. Binding Effect.The terms of this Agreement shall bind and inure to the benefit of the Parties hereto and their
agents,successors,and assigns.
D. Notice.Any notice or communication required or permitted to be given under this Agreement shall be in writing
and shall be delivered(i) personally,(ii) by a reputable overnight courier,(iii)by certified mail and deposited in
the U.S. Mail, postage prepaid,(iv)by facsimile,or(v)by electronic Internet mail("e-mail"). Facsimile notices
shall be deemed valid only to the extent that they are(a)actually received by the individual to whom addressed
and(b)followed by delivery of actual notice in the manner described in either(i), (ii), or(iii)above within three
business days thereafter at the appropriate address setforth below. E-mail notices shall be deemed valid and
received by the addressee thereof when delivered by e-mail and (a)opened by the recipient on a business day at
the address set forth below,and(b)followed by delivery of actual notice in the manner described in either(i), (ii)
or(iii)above withinthree business days thereafter at the appropriate address set forth below. Unless otherwise
expressly provided in this Agreement, notices shall be deemed received upon the earlier of(a)actual receipt;(b)
one business day after deposit with an overnight courier as evidenced by a receipt of deposit;or(c)three
business days following deposit in the U.S. mail. By notice complying with the requirements of this Subsection,
each Party shall have the right to change the address or the addressee,or both,for all future notices and
communications to such party, but no notice of a change of addressee or address shall be effective until actually
received.The provisions of this Section 8 D shall not control with respect to the manner of communications
utilized by the Firm in rendering the Services.
Notices and communications to the Village shall be addressed to,and delivered at,the following address:
Village of Buffalo Grove("Village")
50 Raupp Blvd.
Buffalo Grove, IL 60089
Attn: Dane Bragg
Email:dbragg@vbg.org
cc: kjohnson@vbg.org
Notices and communications to the Firm shall be addressed to, and delivered at,thefollowing address:
McKim &Creed
243 North Front Street
Wilmington, NC 28401
Attn:S. Barry Hales
Phone:910-343-1048
Email: bhales@mckimcreed.com
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SECTION 8.GENERAL PROVISIONS(cont.j
E. Third Party Beneficiary. No claim as a third-party beneficiary under this Agreement by any person,firm, or
corporation other than the Firm shall be made or be valid against the Village.
F. Provisions Severable. If any term,covenant,condition,or provision of this Agreement is held by a court of
competent jurisdiction to be invalid,void, or unenforceable,the remainder of the provisions shall remain in full
force and effect and shall in no way be affected,impaired or invalidated.
G. Time.Time is of the essence in the performance of this Agreement.
H. Governing Laws.This Agreement shall be interpreted according to the internal laws, but notthe conflict
of laws rules,of the State of Illinois.Venue shall be in Cook County,Illinois
I. Entire Agreement.This Agreement constitutes the entire agreement between the parties and supersedes
any and all previous or contemporaneous oral or written agreements and negotiations between the Village
and the Firm with respect to the Request for Proposal.
J. Waiver. No waiver of any provision of this Agreement shall be deemed to or constitute a waiver of any other
provision of this Agreement(whether or not similar)nor shall any such waiver be deemed toor constitute a
continuing waiver unless otherwise expressly provided in this Agreement.
K. Exhibit. Exhibit,A and Exhibit B are attached hereto, and by this reference
incorporated in and made a part of this Agreement. In the event of a conflict between the Exhibit and the text of
this Agreement,the text of this Agreement shall control.
L. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights,
remedies,and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other
such rights, remedies, and benefits allowed by law.
M. Calendar Days and Time. Unless otherwise provided in this Contract,any reference in this Contract to "day" or
"days"shall mean calendar days and not business days. If the date for giving of any notice required to be given,or
the performance of any obligation,under this Contract falls on a Saturday,Sunday or federal holiday,then the
notice or obligation may be given or performed on the next business day after that Saturday,Sunday or federal
holiday.
N. No Waiver of Tort Immunity. Nothing contained in this Agreement shall constitute a waiver by the Village of any
right, privilege or defense available to the Village under statutory or common law, including, but not limited to,
the Illinois Governmental and Governmental Employees Tort Immunity Act,745 ILCS 10/1-101 et seq.,as
amended.
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SECTION 8.GENERAL PROVISIONS(cont.)
O. Freedom of Information.The Firm agrees to furnish all documentation related to the Contract,the Work and any
documentation related to the Village required under an Illinois Freedom of Information Act(ILCS 140/1 et.seq.)
("FOIA")request within five(5)calendar days after the Village issues Notice of such request to the Firm. The Firm
agrees to defend,indemnify and hold harmless the Village,and agrees to pay all reasonable costs connected
therewith (including, but not limited to attorney's and witness fees,filing fees and any other expenses)for the
Village to defend any and all causes,actions,causes of action,disputes, prosecutions,or conflicts arising from
Firm's actual or alleged violation of FOIA or the Firm's failure to furnish all documentation related to a FOIA
request within five(5)calendar days after Notice from the Village for the same. Furthermore,should the Firm
request that the Village utilize a lawful exemption under FOIA in relation to any FOIA request thereby denying
that request, Firm agrees to pay all costs connected therewith(such as attorneys'and witness fees,filing fees and
any other expenses)to defend the denial of the request. This defense shall include, but not be limited to,any
challenged or appealed denials of FOIA requests to either the Illinois Attorney General or a court of competent
jurisdiction.
P. Counterpart Execution.This Agreement may be executed in several counterparts, each of which,when executed,
shall be deemed to be an original,but all of which together shall constitute one and the same instrument.
ACKNOWLEDGEMENT.
The undersigned hereby represent and acknowledge that they have read the foregoing Agreement,that they
know its contents,and that in executing this Agreement they have received legal advice regarding the legal
rights of the party on whose behalf they are executing this Agreement,and that they are executing this
Agreement as a free and voluntary act and on behalf of the named parties.
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates set forth below.
VILLAGE OF BUFFALO GROVE
By:
Dane Bragg,Village anager
Date: a Oak.
Firm
By:
spy tes
Title: yr i.d> ikS: �✓A'F��►•�^�f~
Date: 3�&l Z yv
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Exhibit A.
("Services")
• McKim&Creed will transition the software and analytics to Baseform
o Step One: Data Connection(Two Weeks)
• GIS
• SCADA
• AMI
• Work Order
• Distribution
o Step Two: Initial Data and DMA Review
o Step Three: Equipment Transition
o Step Four:QC Testing
o Step Five:System Live
• McKim&Creed will provide software, maintenance,and optional hardware to support all data
efforts and analytics towards non-revenue water reduction.
• McKim &Creed will provide event processing and data reviews to help guide non-revenue
decisions.
• McKim &Creed will provide all data engineering services to ensure connection between
existing data sources and Baseform.
• McKim&Creed will provide on-site services for equipment installation and upkeep.
• McKim&Creed is to train a member of the utility staff for emergency troubleshooting, in the
event that remote connectivity is required.
• McKim&Creed will provide consulting and product, as needed,for site maintenance.
• McKim&Creed will maintain the system, providing meaningful data with the goal of ensuring
actionable intelligence.
**McKim&Creed will allow a renegotiation period from 12-18 months to either cancel or continue with
service.
Also see attached proposal documents.
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DISTRICT VETERED AREA [DMA) VANAGEMENT
SUBMITTED TO
VILLAGE OF BUFFALO GROVE
51 RAUPP BLVD
5 BUFFALO GROVE, IL 60089
ellIP SUBMITTED BY v IQ ull M� M&CREED
MCKIM & CREED WILMINGTON, NC
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TABLE OF
CONTENTS
0+1
04 About McKim & Creed
07 Water Resources ♦ +
1.
09 Water Asset Management •
Qualifications & Experienceloi
s ' "
11 Key Personnel
13 Solution: District Metered Area
(DMAs) Management
17 Service Center
19 Professional References
21 Quality Control/Quality Assurance
ABOUT MCKIM CREED
McKim&Creed,Inc.is a team of talented professionals who improve the quality of life for businesses and communities by providing
world-class engineering and geomatics solutions.
Whether it's designing sustainable water solutions,creating energy-efficient environments,planning thriving communities,or
gathering data for safe transportation networks, McKim&Creed works to improve the quality of life for our clients and the
communities we serve.
Our technical specialties include DMA design,analytics and maintenance, leak detection SCADA,electrical,substitute water,
wastewater,and reclaimed water system engineering;industrial design-build services;airborne and mobile LiDAR/scanning;
unmanned aerial systems;subsurface utility engineering;and hydrographic and conventional surveying services for the energy,
transportation,federal, land development,water and building markets.As an employee-owned company that has been in operation
since 1978,we provide these services through excellent work,dedicated service and a passionate desire to solve problems and
impact lives.
McKim&Creed's depth of resources offers the flexibility to provide experienced staff at your disposal to keep your project on track.
Our solid background and experience have resulted in the method and controls being in place to balance staff requirements while
maintaining quality,schedule and budget for our clients.McKim &Creed is committed to meeting budget and schedule requirements.
LOCATIONS
OUR ENGINEERING, SURVEYING AND N. CAROLINA GEORGIA Jacksonville
PLANNING SERVICES Orlando O
Asheville Sugar Hill Orlando
Charlotte Palm Coast
Instrumentation &Controls/SCADA Raleigh FLORIDA Pensacola
Wilmington Boca Raton Sarasota
Clearwater Tampa
Water/wastewater and reclaimed water design S. CAROLINA Daytona Beach LOUISIANA
Charleston DeLand Gonzales
Stormwater management
TEXAS
Site/civil, structural, electrical, mechanical Austin
r,.
and plumbing engineering Dallas Fort Worth
Houston
401
Water/Wastewater renewal and replacement VIRGINIA
Norfolk
Geomatics specialties ranging from airborne LiDAR, PENNSYLVANIA
photogrammetry and mobile scanning to electronic data
collection,hydrographic surveying and subsurface utility Harrisburg
engineering Pittsburgh
AT A GLANCE...
ABOUT VGKV B CREEl
McKim & Creed's Water Asset Management Team supports a client base across the nation. Our history in the
utility industry has given our team the opportunity to build relationships and provide technical expertise and
practical engineering solutions to serve the communities we love. Additional information about our team is
continued on the following pages.
23 OFFICES
+ 60 • • • • •
0 Iffill
• • • • • 42
EMPLOYEES I I II I I YEARS IN BUSINESS
LOCAL ATTENTION
BACKED BY
Project Locations
NATIONAL SUPPORT
INDUSTRY RANKINGS
TRUSTED
PARTNERSHIPS _ -dew
"We believe this project has saved the Village of Largo more #2 6
#9
than$2.6 million in fines that would have occurred had we not
resolved our SSO issues expediently.With the execution of the OVERALL DESIGN OVERALL DESIGN
abatement plan developed by McKim &Creed,we will eliminate FIRM IN THE FIRM IN NORTH
backup and lower costs at our treatment plant,which is a win- SOUTHEAST CAROLINA
win for our citizens and our environment."
Jerald L. Woloszynski, PE
Director of Engineering Services \ �
Village of Largo, Florida \
11
Whether large or small, our team is committed to T0P130 T0P150
providing the same levels of high quality service
regardless of project size. ENVIRONMENTAL DESIGN FIRMS
re ro
g p FIRMS IN THE U.S. (TOP 250 SINCE
1992)
Rankings as per Engineering News-Record(ENR)
' 1 1 I MCK1M&CREED
1 I , ENGINEERS SURVEYORS PLANNERS
PEOPLE HELPING PEOPLE
TO BETTER REFLECT WHO WE ARE IN 2019 AND WHAT WE ASPIRE TO BE IN THE
FUTURE, OUR LEADERSHIP TEAM IS PROUD TO PRESENT MCKIM & CREED'S UPDATED
MISSION, VISION AiiD CORE VALUES.
WHO WE ARE AS A COMPANY
- NI , AND WHY WE EXIST
WE ARE AN EMPLOYEE-OWNED ENGINEERING AND SURVEYING FIRM OF
4111111101111b
PIOPLI HELPING ►IOPLI SOLVE COMPLEX.DEMANDING INFRASTRUCTURE CHALLENGES.
OUR INTEGRATED APPROACH CONNECTS NATIONAL EXPERTS WITH LOCAL PERSPECTIVE TO
DELIVER INNOVATIVE SOLUTIONS THAT SERVE BOTH OUR CLIENTS AND OUR COMMUNITIES.
V ISION TO BE THE ENGINEERING AND SURVEYING FIRM WHERE
DELIVERING
TOP TALENT RESPONSIVE, SUSTAINING OUR
WHAT WE ASPIRE TO
ASPIRES TO WORK EXEMPLARY ' U N I QU E OWNED
as WE EXECUTElir SERVICE T00°P . ULTURE
OUR FUNDAMENTAL BELIEFS
L, RESPECT FOR PEOPLE
McKim&Creed is rooted in the core value of respect for people.As a result,we approach every business interaction with nothing
less than complete professionalism.Through open communication at all levels of our organization.we foster an environment fueled
by diversity of thought.By truly listening to our employees and clients.we develop a clear understanding of their needs and ensure
that our solutions best achieve their goals.
11111
Q it1 CONTINUOUS IMPROVEMENT
By investing in cutting-edge technology and focusing on innovation and sustainability,we propel our industry forward to benefit our
clients and communities.We promote lifelong learning through continuing education.professional organizations.netemt kin;ne-I
mentorship to ensure employees have what they need to continue to master their craft.
W CLIENT SATISFACTION enthusiasm We enjoy our work. our SFACTONr the industry translates into extraordinary effort—and remarkable results.We care
deeply about our clients,and we advocate on their behalf throughout their projects.
SAFETY
0 ewe take r e,po,t,ii:nny for the safety of ourselves and everyone around us.At McKim&Creed,safety takes precedence over cost and
expediency.We believe it is the responsibility of each and every employee-owner to build,promote and maintain a system of shared
beliefs,practices and attitudes that culminates in a companywide safety culture.
,1 OWNERSHIP
_ employee.,wired tam,we cultivate an entrepreneurial atmosphere that allows every employee to reach beyond usual
expectations toward incredible achievements.This entrepreneurial spirit empowers our employee-owners to guide their own
luture and shape the success of our company.
WATER RESOURCES
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Wastewater infrastructure in the United States serves 190
million people through more than 16,000 plants and 600,000
miles of pipeline. Ongoing access to clean/safe water is a OUR SERVICES
major focus for our team.
CONSTRUCTION MANAGEMENT
Our award-winning water management engineers consistently strive ADMINISTRATION PERMITTING
to develop new and efficient ways to improve,sustain,clean, manage CONSTRUCTION PLANT START-UP
and maintain our nation's water.And we find unique solutions for OBSERVATION
additional and alternative water sources when supply is an issue. DISTRIBUTION SYSTEM RATE STUDIES
DESIGN REGULATORY
McKim &Creed plans and designs systems that treat,preserve COMPLIANCE SUPPORT
and conserve the earth's finite water resources.Systems that include ENGINEERING REPORTS
STORAGE
infrastructure that prevent water loss,meet stringent regulations ENVIRONMENTAL
and improve drinking water quality. Open-source l&C/SCADA ASSESSMENTS SUPPLY
systems and hydraulic models that help communities leverage their FEASIBILITY STUDIES SURVEYING AND
infrastructure.Water reuse systems that conserve potable water. MAPPING
FUNDING APPLICATION
Stormwater programs that manage entire watersheds.Wastewater SYSTEM ANALYSIS
treatment plants that produce safe,clean effluent.And survey data INFRASTRUCTURE
for floodplain mapping,surge models,sea level rise studies and pre
REHABILITATION TREATABILITY STUDIES
and post-storm surveys. LINE REPLACEMENT WATER RESOURCE
MASTER PLANNING DEVELOPMENT AND
PLANNING
OPERATIONS SUPPORT WATER RESOURCES
AND PROGRAM MANAGEMENT
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INSTRUMENTATION O CONTROLS/SCADA WATER MANAGEMENT
Through our approach of collaborative teamwork,outstanding Our award-winning water management engineers consistently
engineering design,seamless system integration,thorough training strive to develop new and efficient ways to improve,sustain,clean,
and ongoing support,we plan,design and implement in-plant and manage and maintain water.
system-wide instrumentation and controls/SCADA systems that
enable utilities to operate efficiently,effectively and safely.
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WASTEWATER MANAGEMENT RENEWAL O REPLACEMENT
At McKim&Creed,our engineers work with government and McKim&Creed's closed circuit TV(CCTV)inspection systems
private entities to plan,build and maintain wastewater systems provide a full,360-degree interior view of your aging infrastructure.
that incorporate the most effective technologies to meet the High-quality imagery coupled with faster production rates mean
community's needs. that your dollars can be spent fixing your aging infrastructure
issues,rather than simply studying the problem.
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DESIGN-BUILD TRENCHLESS TECHNOLOGY
Our alternative delivery professionals are experienced in all aspects McKim&Creed has been named one of the top 50 trenchless
of design-build,including project development,design,estimating, design firms in the U.S.by Trenchless Technology magazine,
procurement,scheduling,budget management,safety,construction, and provides award-winning services—including subsurface
start up,operations and project management. utility engineering,infrastructure renewal and replacement,and
engineering—for hundreds of trenchless projects each year.
•
II %/ ® MCKIMCREED.COM 4 McKIM&CREED
- - 1
WATER ASSET MANAGEMENT
QUALIFICATIONS AND SERVICES
EXPERIENCE LEAK DETECTION:ACOUSTIC AND IN-PIPE INSPECTIONS
NETWORK MONITORING AND DATA ANALYTICS
DMA&DATA AS A SERVICE SYSTEM MONITORING&
ANALYTICS
McKim &Creed acquired Matchpoint in October 2020,a ri FULL SUITE OF UAV-BASED SERVICES, INCLUDING
non-revenue water and water loss recovery company.The INFRARED ASSESSMENT
previously known Matchpoint team now functions as the
Water Asset Management division of the company's diverse TRAINING AND SUPPORT
water services umbrella-the added resources,expertise,
and experience leave our team stronger than ever.Vision is
our driving force, but value is our promise.We're dedicated RENTAL PROGRAM
to helping clients save valuable resources by bringing water
infrastructure to life.Water is invaluable and it is our EQUIPMENT SERVICE, REPAIR,AND CALIBRATION
mission to save and make better use of it.
We provide an umbrella of SMART water solutions that L CONSULTATION AND DESIGN SERVICES
empower the stewardship efforts of utilities, municipalities
&commercial enterprises throughout North America and
the Caribbean.We provide innovative technology,expert M ASSET MANAGEMENT
training,skilled support,and turn-key service solutions for
effective water asset management. SUBSURFACE UTILITY ENGINEERING(SUE)
McKim &Creed's Water Asset Management(WAM)team's
combined water industry and water loss expertise expands GPS/GNSS DATA
over 100 years. Data as a Service Solutions are at the
heart of WAM's methodology. Our robust technologies
and best practices are grounded in validated and historical GIS MAPPING PARTNERED WITH ESRI esr•
l.'A Partner Nrtwork
data,collected from sensors throughout your system.
The knowledge derived from your data empowers your
organization to make quick and reliable decisions.We
tailor our solutions to meet the specific needs of each
customer. In addition to our field services,in 2016 we
opened the doors to our Certified Service Center in North .
Carolina to better serve clients by providing service, repair, I am sending this email on beha' of the Village
and calibration of leak detection and network monitoring of Miramar for Matchpoint [McKim &Creed] and
equipment. McKim&Creed has been a business partner the work they did. We absolutely love the work
with ESRI for 16+years. they do for us with our leak detection program.
Commitment to customer objectives is at the center of The profession ism and knowledge they have is
everything we do. McKim&Creed works in collaboration amazing, we look forward to working with them in
with our clients and their teams to ensure our solutions the near future.
meet our clients'needs in an effective and efficient manner.
SABRINA CLARK
Administrative Coordinator
Village of Miramar, Florida
[Leak Detection Services Contract]
ACCOMPLISHMENTS AND ACCOLADES . OUR SOLUTIONS
og
Cl.) m RISK MANAGEMENT
L-1 EiIINETWORK MONITORING& DATA ANALYTICS
Ell LEAK DETECTION:ACOUSTIC&IN-PIPE SERVICES
MONITORING THOUSANDS OF MILES OF PIPE
ni TRAINING AND SUPPORT
( 0 P EllFINANCING
11 p GIS MAPPING
100+ YEARS OF COMBINED EXPERIENCE 51 SATELLITE&UAS BASED INFRASTRUCTURE
ASSESSMENT
%7 In RENTAL PROGRAM
0 n SERVICE AND CALIBRATION
TRAINING HUNDREDS OF WATER COMPANIES • IS '
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IN THE ART OF WATER LOSS RECOVERY AND
CONTROL
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SUCCESSFULLY EXECUTING THOUSANDS
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SERVICES CUSTOMERS NATIONWIDE , je ?
AND IN THE CARIBBEAN
KEY PERSONNEL: TEAM LEADERS
Below is a brief introduction to our team's leadership.
.. ROBBIE EISENRICH
_1 Project Manager, Data Analytics and Digital Development
EXPERIENCE CERTIFICATIONS
Utilizing Internet of Things(loT)technology,Mr.Eisenrich leads • Python for Data Science I Cornell University I 2021
McKim&Creed's data-as a service program to reduce leakage
. ": across water utilities.He supports the needs of clients or McKim • Python Programming I Cornell University 12020
&Creed operations personnel with challenges related to data • Amazon Web Services(AWS)Solutions Architect
integration,machine learning or automation.Mr.Eisenrich also Associate I AWS 12019
works as a developer to establish data pipelines,integrations and • AF Database I OSIsoft 12018
automated Esri integrations/workflows.
Graduate Certificate Geographic Information Systems
I University of North Carolina at Wilmington 12017
IRobbie has proven himself as a trusted voice when leading project coordination efforts, both
internally with Utility personnel and with external parties including project specific stakeholders and
the general public.
ARIEL FERNANDEZ CERTIFICATIONS
Support Services Director,Water Asset Management • OSHA Safety Trained and Certified
• Ariel was chosen out of our AMR/AMI group to learn the water • Confined Space/Permit Safety Certified
asset management craft. His extensive travel on Matchpoint's • EU and U.S.Water Asset Management Certified
projects throughout the Caribbean and North America has given
•
Ariel access to the finest minds and technology in the industry.Ariel Matchpoint Certified Operator and Trainer
has a vast amount of experience in the field of meter installation, • Certified Leak Detection Technician
meter testing,leak detection,and project management.Currently,Ariel is responsible Certified Insertion Flow Meter
for all Technical support of Primayer and Hydreka product sales including customer
•
demonstrations,presentations,and all support needs.Ariel also conducts all internal/ Certified in NRW/DMA Management Pipe Location
external leak detection and water asset management training.Ariel is dedicated • Certified in Trimble GPS Operation and Data
to promoting Matchpoint and their ambitions to ensure that every gallon of water Management
' collected from the environment is accurately accounted for and that the consumers • Hydreka and Ovarro Ltd Level II Certified
have the information necessary to ensure maximum efficiency. • Certified Factory Technician Level II
IAriel will use a proactive approach to engage all stakeholders, identify the Village's needs, evaluate
options to meet those needs, and recommend the cost-effective solutions that will enhance the
Village's ability to meet the utility needs of its citizens today and well into the future.
KEY PERSONNEL
In addition to Tony and Ariel,the following professionals will also be involved with the design team throughout the planning,design,
and construction phases and will be readily available to respond to any Village questions about design or operational aspects
associated with the assignment.These are a select few of our personnel that we anticipate supporting the project,we
reserve the right to bring in any of our qualified field staff if necessary.
BARRY HALES
Vice President,Water Asset Management
UNIQUE QUALIFICATIONS & BENEFITS
O15 years in electric utility metering, O 20 years deploying and integrating 0 Established industry practices for
design and deployment.Responsible technology onto potable water deploying,maintaining,and analyzing
for the deployment/integration of systems and working with utilities data from these systems in a
AMR/AMI systems and the efficiency in the analysis and actionable subscription-based model.
gains incurred through capitalizing intelligence gained from"smart"
on complex rates structures. systems.
TONY POPOLO CERTIFICATIONS
I' Operations Manager,Water Asset Management
• OSHA Safety Trained and Certified
Tony began his employment in the water utility industry in • Confined Space/Permit Safety Certified
2012,as a project manager for the AMR/AMI smart water • EU and U.S.Water Asset Management Certified
meter network implementation services division of Matchpoint
Inc.Soon thereafter he moved up to primarily overseeing, • Annual Hearing Test Certified
managing,and coordinating all projects within that aspect of the company. • Certified Leak Detection Technician
Through business development activities,Tony broadened his role into the • Certified Insertion Flow Meter
expanding non-revenue water recovery portion of the company by taking
•
the lead on client coordination,project planning,estimating,as well as direct Certified in NRW/DMA Management Pipe Location
project supervision for all company acoustic leak detection,remote sensing • Certified in Trimble GPS Operation and Data
and GIS field operations.Tony carried over these roles into his position with Management
McKim&Creed during the 2020 acquisition of Matchpoint Inc into their water • Hydreka and Ovarro Ltd Level II Certified
sector.He is also currently engaged in the research and development of the
companys future endeavors regarding other utility services and products
related to water asset management and non-revenue water loss recovery
initiatives.
Tony has previous experience with project management and oversight in
dealing with US Army Corps of Engineers and other state governments as
well as private entities for contracted dredging projects.In that industry,he I
was responsible for and assisted with the execution of project calculations
and mapping deliverables on large-scale channel deepening projects and
beach nourishment efforts.He worked first hand in the emergency protection
dredging projects resulting from the Deepwater Horizon BP oil spill incident in
2010.
JAN RUCKER
Support Services Specialist
EXPERIENCE CERTIFICATIONS
Jan anchors the our Service Center and is charged with testing and • OVARRO Authorized Service
maintaining the equipment we deploy as well as the equipment in use by Technician
our clients.His 12 years of field experience enables Jan to provide a real • Hydreka Authorized Service
world perspective on the application and performance of the equipment Technician
we represent.Jan assists in managing maintenance programs for DDS
clients,maintaining flow and pressure monitoring sensors and Data
loggers,and providing calibrations for electromagnetic insertion meters.
In collaboration with field personnel we are able to ensure data integrity
across all of our DDS clients.
SOLUTION: DISTRICT METERED AREA MANAGEMENT
McKim & Creed, partnering with Baseform, would like to offer a District Metered Area (DMA)solution program for
the Village of Buffalo Grove. We are prepared to lead the software platform transition, maintain the system in its
current form, ensure the integrity and value of the information generated by the system, upgrade the hardware as
necessary, and have regular review sessions to ensure actionable intelligence is derived from the system.
PROJECT SCOPE
• McKim & Creed will transition the software and analytics to Baseform
• Step One: Data Connection (Two Weeks)
GIS
SCADA
AMI
Work Order
Distribution
• Step Two: Initial Data and DMA Review
• Step Three: Equipment Transition
• Step Four: QC Testing
• Step Five: System Live
McKim & Creed will provide software, maintenance, and optional hardware to support all data efforts and
analytics towards non-revenue water reduction.
McKim & Creed will provide event processing and data reviews to help guide non-revenue efforts.
McKim & Creed will provide all data engineering services to ensure connection between existing data sources
and Baseform.
McKim & Creed will provide on-site services for equipment installation and upkeep.
McKim & Creed is to train a member of the utility staff for emergency troubleshooting in the event that remote
connectivity is required.
McKim & Creed will provide consulting and product, as needed, for site maintenance.
McKim & Creed will maintain the system, providing meaningful data with the goal of ensuring actionable
intelligence.
**McKim & Creed will allow a renegotiation period from 12-18 months to either cancel or continue with
service.
PRICING
MCKIM&CREED WILL OFFER DISTRICT METERED AREAS FOR A 3-YEAR TERM AT THE PRICE OF:
• DMA MAINTENANCE,SOFTWARE,ANALYTICS:
• $370 PER POINT PER MONTH
• LABOR AND SOFTWARE COSTS ONLY*
• DDS PROGRAM:PROBE,DATALOGGER,MAINTENANCE,SOFTWARE,ANALYTICS:
• $510 PER POINT PER MONTH
• LIMITED TO MCKIM&CREED SUPPORTED PRODUCT LINE*
• EQUIPMENT,SOFTWARE, LABOR COSTS FACTORED IN*
• FIRST MONTH'S CHARGES TO BE BILLED AS AN ENGAGEMENT FEE UPON RECEIPT OF ORDER.
DISTRICT
METERED
AREAS (DMAS)
We firmly believe utility infrastructure should be be monitored, data analyzed, and
held accountable through the use of District Metered Areas (DMA's). Our clients have
discovered that the data derived from pressure and flow monitoring throughout the
system provides a valuable tool to drive actionable programs for the benefit of: Water
Loss Recovery; System Operations; Hydraulic Modeling; Planning of infrastructure
Repair/Replacement.
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This is a screenshot of DMA analytics indicating Zones that are in need of investigation either due to flow in/out/
consumed from the zone doesn't add up or pressure anomalies that might indicate leakage, or unaccounted
for water within the zone. This analysis is used to direct and deploy the use of various investigative
methodology, including logger deployment and leak detection.
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Pressure and flow data from the sytem or trial areas will be run through our analytics and supplemented with
insertion meters if required to fully monitor the performance of the system, or trial area. Data would then be
used to direct efforts for further investigation of Points of Interest (PCI's).
oe
- Initial DMA Minimum First Round Leak Detection Second Round Leak Detection
flows of 130 GPM Reduction to 108 GPM Reduction to 90 GPM
This is an example of Leak Detection driven by DMA supply. One round of leak detection and repairs were
issued based on high minimum night-time flow values. After repairs were made minimum night-time flow was
reduced however, based on continued elevated values in MNF, a second round of leak detection was issued.
After the second round of leak detection and repairs were made a new minimum of 90 GPM was realized.
Utilizing data for leak detection deployment resulted in the utility saving a total of 40 GPM.
SERVICE CENTER
Located in Wilmington, NC our Service Center inventories, maintains, repairs,
calibrates, and updates the hardware and data logging components we deploy on
behalf of, and provide to, our clients. The manufacturers that we choose to represent
are chosen for their robustness and technical competence. We only offer equipment
to our clients that we utilitize within our personal Field Service Teams. These brands
include: Ovarro, Hydreka, Trimble, Esri, to name a few.
PRICING
These projects are priced upon request based on the SCOPE of the service/repair.
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McKim & Creed's Certified Technical Service Center is located within its Wilmington, NC office.The Service Center has the
latest in calibration and repair equipment, including a hydraulic test bench. Our Service Center is staffed by technicians
that are factory-trained.These resources allow McKim &Creed to provide a customer service experience unique to the
U.S. NRW and Condition Assessment industry. Should our clients have a temporary need such as Hydraulic modeling,
monitoring a specific area of infrastructure during transition, emergency, or equipment failure:we inventory and main-
tain a full suite of equipment tested and calibrated that is immediately available to them for their use.
RENTAL PROGRAM
The Service Center sources a variety of applications from hydraulic modeling, DMA, pilot testing,to meter verification
projects.Whether your needs are limited to technology and support, or extend to installation and data service,we can
supply it for short and long terms.
The Service Center provides meaningful system data without all the strings attached. Rent our services and equipment
on a one-time or long term basis,whichever is needed to meet your needs.As standard the rental program includes
electromagnetic insertion meters and data loggers that monitor the water network on an ongoing basis: sending flow&
pressure data remotely for analysis. Remote support, equipment preparation, and calibration services are handled and
provided by our Factory Certified Technical Service Center to ensure data accuracy and to prevent gaps in data. McKim &
Creed also has a team ready to install the equipment and a team that can analyze the data produced by our technology,
should you have a need.
PROFESSIONAL REFERENCES
Our client references exhibit the design strength and experience of McKim &Creed's team.We have chosen these client references
and projects because we have provided similar continuing services or utilities projects to each of these clients. Each project provides
client contact information should you wish to understand further our experience and working relationship with each client.
McKim&Creed's key project manager and proposed team members all have extensive experience providing services to clients in
Florida.With this knowledge throughout Florida and beyond,our firm provides the Village of Buffalo Grove with the most qualified
team that will deliver cost-effective, practical solutions for this project.
We have included the below references for local clients where we have performed similar utility services or provided diverse work
orders under general engineering contracts.
KNOXVILLE UTILITIES BOARD Recent Similar Projects:
• Leak Detection Survey
Ted Tyree • Find It/Fix It Program
Engineer • Equipment Purchase
KUD
4505 Middlebrook Pike • District Metered Areas
Knoxville,KY 37921 Installation, Maintenance,Analytics
p:865.679.2411 • Professional Services Agreement
• GIS Mapping
HALLSDALE-POWELL UTILITY Recent Similar Projects:
• Leak
DISTRICT • Equipmenttion Purchase
Cody Humphrey • District Metered Areas
OHALLSDALE-POWELL Manager Of Distribution&Collections Installation, Maintenance,Analytics
UTILITY DSTRICT
3745 Cunningham Rd • GIS Mapping
Knoxville,TN 37918
p:865.925.3921
GRAND BAHAMAS UTILITY Recent Similar Projects:
Leak Detection Survey
--- COMPANY • Equipment Purchase
JSILlTY
Remington Wilchcombe • GIS Mapping
Engineer • Pipe Replacement Program
PO Box F-42666 • District Metered Areas
• Freeport, Bahamas Installation,Maintenance,Analytics
rtR o�� p:242.359.4180
VILLAGE OF ASHEVILLE, NC Recent Similar Projects:
• District Metered Areas
Brandon Buckner Installation, Maintenance,Analytics
Project Manager
P.O. Box 7148
Asheville, NC 28802
THECITYOF p:828.259.5579
ASHEVILLE
VILLAGE OF SANFORD, NC Recent Similar Projects:
• District Metered Areas
Paul Weeks Installation, Maintenance,Analytics
Village Engineer Leak Detection Survey
225 East Weatherspoon Street •
ORD Sanford, NC 27331
NORTH CAROLINA p:919.775.8232
CHAHTAM COUNTY, NC Recent Similar Projects:
Larry Bridges • District Metered Areas
Administrative Coordinator Installation, Maintenance,Analytics
984 Thompson Street,Suite E2
CHATHAM COUNTY Pittsboro, NC 27312
NORTH CAROLINA
QUALITY CONTROL/QUALITY ASSURANCE
McKim&Creed takes great pride in providing professional Once the project has begun, McKim &Creed adheres to an
leak detection services.Our technicians are trained to conduct approach that is established in our project execution manual.
themselves in a professional manner and to put the customer's Because every project has differing goals and objectives, McKim
needs in top focus while they are conducting the leak surveys. &Creed recognizes these differences and adapts its procedures
to meet the project requirements.
Our leak detection services are traditional,non-invasive,and
are reliant on acoustic technology combined with personnel Features of our quality assurance approach include:
expertise.Our leak detection approach has been refined over
the lifetime of our company,to ensure optimum customer /The scope of services is reviewed by the manager of
satisfaction,effective communication and precise results.We the technical group to ensure that the clients'needs are
abide by a comprehensive process that maximizes the potential addressed;
of reducing water loss and minimizes the likelihood of dry holes /Status meetings are scheduled by the Director of
or excavating a leak free hole. Operations to oversee that deadlines are met and to
All services will be executed to meet and often exceed,the best address any necessary issues;
practices listed in the AWWA Manual of Water Supply Services /Daily quality assurance/quality control reviews by individual
(M36)and will be performed at the highest level of health and team members;
safety standards(OSHA safety standards).
We use technology in addition to personnel,wherever possible /Periodic assessments by design teams;
to ensure the results are supported by multiple investigation /Evaluation by a Project Manager before each submission to
methods.All investigation points are visited a second time to the client;
ensure that the leakage indication is present on multiple visits,
as leakage is continuous in nature.Our on-site project manager, /Project check-ups with our customers are performed at the
as well as the director of operations,conducts a daily review of conclusion of their projects;
all data collected to ensure accuracy and consisting of reported
information and processes. ✓Internal post-project evaluation;including measures that
worked well, lessons learned, new technology or process
All of our technicians have passed certified technical training on assessments.
the equipment and all are well trained in the functionality and
limitations of this equipment. Our Support Services department is involved in quality control
of each project by assisting with the review of data captured
McKim&Creed's total quality management philosophy serves as throughout the project and advises on further interpretations of
a guide to our team for everyday activities that are paramount to potential outcomes for leak location pinpointing.
delivering superior designs.Our quality management philosophy
and standards evolve as we assess each completed project Ninety days after the completion of each project,McKim&Creed
for key take-aways and lessons learned.Our commitment to contacts each client to understand their perspective of the
this long-term approach ensures shared experience,excellent overall success of the project and to see if there is anything we
decision making capabilities and quality.While checking could to change to improve our services.We use this customer
completed documents is an important part of our process, data to refine and customize our internal processes.
McKim&Creed's QA/QC process involves much more than that
alone.We believe that Quality Assurance begins before the
first computer is turned on.Quality Assurance means that we
develop a clear understanding of the goals and objectives of
the project with Village of Buffalo Grove and the potential team
members before we develop the final scope of work.The project
team members are involved in the development and refinement
of the final scope of work, project schedule and budget.
This early involvement in the project planning and sharing
of expertise by the technical staff who are knowledgeable in
specific project related issues greatly improves the quality of the
final product and sets our work apart from typical firms.
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SUBMITTED BY:
MCKIM S CREED I WILMINGTON, NC
910 343 1048 MCKIMCREED,COM
v McKIM&CREED
0 MATCH POINT
Exhibit B.
Agreed Upon Pricing Structure
DMA MAINTENANCE,SOFTWARE,ANALYTICS:
$370 PER POINT PER MONTH
LABOR AND SOFTWARE COSTS ONLY*
DDS PROGRAM: PROBE,DATALOGGER, MAINTENANCE,SOFTWARE,ANALYTICS:
$510 PER POINT PER MONTH
LIMITED TO MCKIM &CREED SUPPORTED PRODUCT LINE*
EQUIPMENT,SOFTWARE, LABOR COSTS FACTORED IN*
Option Points Monthly Fee
DMA Maintenance 16 $5,920.00
DDS Program 0 $0.00
MONTHLY TOTAL $5,920.00
ANNUAL TOTAL $71,040.00
SENSOR PURCHASES(ONE TIME COST)
DMA SITE—INSERTION FLOW METER/DATA LOGGER INCLUDING ALL ACCESSORIES FOR PRESSURE/FLOW
MONTORING
$7,200.00 PER POINT
Option Points One Time Fee
DMA SITE 6 $7,200.00
SMALL PARTS ALLOWANCE* NA $3,000.00
TOTAL $46,200.00
*The Small Parts Allowance is for the Village's use only. Items to be purchased under this allowance
include, but are not limited to,TMC converters, pressure sensors,adapters,antennas and cables.
Summary of Costs
2022 Up to$105,400.00
2023 $71,040.00
2024 $71,040.00
Total $247,480.00
13
Exhibit C.
Insurance
1. Firm's Insurance
Firm shall procure and maintain, for the duration of the Contract and any maintenance period,
insurance against claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the Firm, his agents, representatives,
employees or subcontractors.
A. Minimum Scope of Insurance:Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of
Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary, non-
contributory additional insured coverage shall be confirmed through the following required policy
endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26 and CG 20 0104 13. CG 20 37-
Completed Operations.Or their equivalents
1) Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village
named as additional insured,on a form at least as broad as the ISO Additional Insured Endorsement
CG 2010 and CG 2026 or their equivalents
2) Insurance Service Office Business Auto Liability coverage form number CA 0001,Symbol 01 "Any
Auto."
3) Workers'Compensation as required by the Labor Code of the State of Illinois and Employers' Liability
insurance.
4) Environmental Impairment/Pollution Liability Coverage for pollution incidents as a result of a claim
for bodily injury,property damage or remediation costs from an incident at,on or migrating beyond
the contracted work site. Coverage shall be extended to Non-Owned Disposal sites resulting from a
pollution incident at, on or mitigating beyond the site;and also provide coverage for incidents
occurring during transportation of pollutants.
B. Minimum Limits of Insurance: Firm shall maintain limits no less than:
1) Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage.The general aggregate shall be twice the required
occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a
project/contract specific aggregate of$1,000,000.
2) Business Automobile Liability:$1,000,000 combined single limit per accident for bodily injury and
property damage.
3) Workers'Compensation and Employers' Liability:Workers'Compensation coverage with
statutory limits and Employers' Liability limits of$500,000 per accident.
4) Environmental Impairment/Pollution Liability:$1,000,000 combined single limit per occurrence
for bodily injury, property damage and remediation costs
14
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Village.At the
option of the Village,either:the insurer shall reduce or eliminate such deductibles or self-insured retentions
as it respects the Village, its officials, agents, employees and volunteers; or the Firm shall procure a bond
guaranteeing payment of losses and related investigation,claim administration and defense expenses.
D.Other Insurance Provisions
The policies are to contain, or be endorsed to contain,the following provisions:
1) General Liability and Automobile Liability Coverages:
The Village, its officials,agents,employees and volunteers are to be covered as additional
insureds as respects: liability arising out of activities performed by or on behalf of the Firm;
products and completed operations of the Firm; premises owned, leased or used by the Firm;or
automobiles owned, leased, hired or borrowed by the Firm.The coverage shall contain no special
limitations on the scope of protection afforded to the Village, its officials,agents, employees and
volunteers.
2) The Firm's insurance coverage shall be primary and non-contributory as respects the Village, its
officials, agents,employees and volunteers.Any insurance or self-insurance maintained by the
Village, its officials,agents, employees and volunteers shall be excess of Firm's insurance and
shall not contribute with it.
3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the Village, its officials, agents, employees and volunteers.
4) The Firm's insurance shall contain a Severability of Interests/Cross Liability clause or language
stating that Firm's insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.
5) If any commercial general liability insurance is being provided under an excess or umbrella
liability policy that does not"follow form,"then the Firm shall be required to name the Village,
its officials,employees, agents and volunteers as additional insureds
6) All general liability coverages shall be provided on an occurrence policy form. Claims-made
general liability policies will not be accepted.
7) The Firm and all subcontractors hereby agree to waive any limitation as to the amount of
contribution recoverable against them by the Village. This specifically includes any limitation
imposed by any state statute, regulation, or case law including any Workers'Compensation Act
provision that applies a limitation to the amount recoverable in contribution such as Kotecki v.
Cyclops Welding
15
E. All Coverages:
1) No Waiver. Under no circumstances shall the Village be deemed to have waived any of the
insurance requirements of this Contract by any act or omission, including, but not limited to:
a. Allowing work by Firm or any subcontractor to start before receipt of
Certificates of Insurance and Additional Insured Endorsements.
b. Failure to examine, or to demand correction of any deficiency,of any
Certificate of Insurance and Additional Insured Endorsement received.
2) Each insurance policy required shall have the Village expressly endorsed onto the policy as a
Cancellation Notice Recipient. Should any of the policies be cancelled before the expiration date
thereof, notice will be delivered in accordance with the policy provisions.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A-,VII and licensed to do
business in the State of Illinois.
G. Verification of Coverage
Firm shall furnish the Village with certificates of insurance naming the Village,its officials,agents,
employees, and volunteers as additional insured's and with original endorsements, affecting coverage
required herein. The certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf.The certificates and endorsements are to be received
and approved by the Village before any work commences. The Village reserves the right to request full
certified copies of the insurance policies and endorsements.
H. Subcontractors
Firm shall include all subcontractors as insured's under its policies or shall furnish separate
certificates and endorsements for each subcontractor.All coverage's for subcontractors shall be subject to all
of the requirements stated herein.
I. Assumption of Liability
The Firm assumes liability for all injury to or death of any person or persons including employees of
the Firm,any subcontractor,any supplier or any other person and assumes liability for all damage to property
sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant
to the Contract.
16
J. Workers'Compensation and Employers' Liability Coverage
The insurer shall agree to waive all rights of subrogation against the Village of Buffalo Grove, its
officials, employees, agents and volunteers for losses arising from work performed by Firm for the
municipality.
K. Failure to Comply
In the event the Firm fails to obtain or maintain any insurance coverage's required under this
agreement,The Village may purchase such insurance coverage's and charge the expense thereof to the Firm.
L. Professional Liability
1) Professional liability insurance with limits not less than $1,000,00 each claim with respect to
negligent acts, errors and omissions in connection with professional services to be provided under
the contract,with a deductible not-to-exceed$500,000 without prior written approval.
2) If the policy is written on a claims-made form,the retroactive date must be equal to or preceding the
effective date of the contract. In the event the policy is cancelled, non-renewed or switched to an
occurrence form, the Firm shall be required to purchase supplemental extending reporting period
coverage for a period of not less than three(3)years.
3) .
4) Recommended Required Coverage (architect, engineer, surveyor, consultant): Professional liability
insurance that provides indemnification and defense for injury or damage arising out of acts,errors,
or omissions in providing the following professional services, but not limited to the following:
a. Preparing, approving or failure to prepare or approve maps, drawings, opinions, report,
surveys,change orders,designs or specifications;
b. Providing direction, instruction, supervision, inspection, engineering services or failing to
provide them, if that is the primary cause of injury or damage.
17