Agenda Attachments
Village of Allouez · Brown County · meeting of Mar 2, 2026 · Agenda packets
Open the original document More from Village of Allouez
Text
Extracted automatically from the original. Tables and formatting may not survive; the original document is authoritative.
AGENDA
PUBLIC WORKS COMMITTEE MEETING
Tuesday, March 3rd, 2026 at 5:30 p.m.
Allouez Village Hall, 1900 Libal Street
1. CALL TO ORDER/ ROLL CALL
2. MODIFY/ADOPT AGENDA
3. APPROVAL OF FEBRUARY 3RD, 2026 MINUTES
4. ANNOUNCEMENTS
a. Retirement of Kurt Rozek, Public Works Department
b. The Hiring of Patrick Rodgers, Equipment Operator, Street Department
c. Notice of Bid Advertisement for Street Resurfacing Project, AL-2026-01
5. PUBLIC APPEARANCES
NEW BUSINESS:
6. DISCUSSION/ACTION RE: DNR STORMWATER CONSTRUCTION GRANT
7. DISCUSSION/ACTION RE: RIVERVIEW POND - ENGINEERING SERVICES
REPORT:
8. REPORT RE: RENEWAL OF HYDROCORP’S CROSS CONNECTION CONTROL INSPECTION
SERVICES AGREEMENT
a. RESIDENTIAL
b. NON-RESIDENTIAL
9. FUTURE AGENDA ITEMS
10. ADJOURNMENT
NOTE: It is possible that members of and a possible quorum of members of other governmental
bodies of the municipality may be in attendance at the above noticed meeting to gather
information; no action will be taken by any governmental body at the above noticed meeting other
than the governmental body specifically referred to above in this notice.
Public Works Committee Meeting Minutes
Tuesday, February 3, 2026 at 5:30 p.m.
Allouez Village Hall, 1900 Libal Street
CALL TO ORDER/ ROLL CALL
Chairperson Leiterman called the meeting to order at 5:30 p.m.
Present: Beyler (arrived at 5:38pm), Genrich, Lefebvre, Leiterman
Excused: Collison
Also present: Gehin, March
MODIFY/ADOPT AGENDA
Genrich/Lefebvre moved to adopt the agenda as presented. Motion carried.
APPROVAL OF DECEMBER 10TH, 2025 MINUTES
a. Joint Public Works/Parks, Recreation & Forestry Committee Minutes 12/10/25
b. Public Works Committee Minutes 12/10/25
Lefebvre/Genrich moved to approve the Joint Public Works/Parks, Recreation & Forestry
Committee & Public Works Committee minutes from December 10, 2025. Motion carried.
ANNOUNCEMENTS
- None
PUBLIC APPEARANCES
- No public appearances
RESERVOIR ROOF AND OUTFALL IMPROVEMENT PROJECT BID RESULTS
S. Gehin:
- Howard Immel Inc. provided the only bid in the amount $458,759.55.
- Bid closely resembled the engineer estimate of $454,000. Bonding was secured last year to
fund the project.
- In general, work includes wall repair, replacement of the rectangular and circular reservoir
roofs at the Vande Hei Road Pump Station and reconstruction of the overflows at both the
Vande Hei Rd. and Dauphin St. pump stations.
- Per the DNR, work must be completed by fall of this year
- Weather permitting the project is anticipated to start in May and be completed by
September 15th.
- Patrick Skalecki, Graef Engineering, was present and explained the bidding process &
variability in the bid item pricing
o Assisting with permits, plans and inspections for the project
o Unique project as a roof is more architectural and structural
o Lump sum vs. Unit price
o Number of subcontractors doing small quantity work led to some of the overhead
costs
o Immel has experience in this type of work
Discussion:
- Landscaping could be done internally and be removed from the contract with enough notice
Lefebvre/Genrich moved to recommend to the Village Board to award the bid for the
reservoir roof and outfall improvement project to Howard Immel, Inc. in the amount of
$458,759.55. Motion carried.
UPDATED 5-YR CAPITAL IMPROVEMENT PLAN
S. Gehin:
Gave an overview of the 5-yr Capital Improvement plan (CIP).
- Emphasized that the CIP is a working and planning document and as such is subject to
change at any time.
- The proposed 2026 Street Resurfacing Project includes the following streets:
o Ravine Way- Simonet St. to Greene Ave.
o River Ln. – Lazarre Ave. to Cul-de-Sac
o E. Dauphin St. – Libal St. to E. River Dr.
o E. Dauphin St. – E. River Dr. to Termini
o Brookridge St – Libal St. to E. River Dr.
o Brookridge St. – E. River Dr. to Termini
- Similar to past street resurfacing projects, alternate streets will be bid with the hope of
receiving favorable bid pricing allowing for the paving of additional streets.
o Alt. 1- Capri Court
o Alt. 2- Cameo Court
- The proposed 2027 Street Resurfacing Project includes the following streets:
o Kenney St. – Delahaut St. to Libal St.
o Fairview Ave. – Clay St. to Delahaut St.
o Bernice St. & Sunnyslope St.
o Chardonnay Ct.
o Broadview Dr. – Webster Ave. to Libal St.
- To address failing asphalt pavement and underground utilities, staff is proposing to
reconstruct the following streets in 2027:
o W. Lazarre St.- Riverside Dr. to DuCharme Ln.
o W. Whitney St. – DuCharme Ln. to Beaumont St.
o Woodrow Way- E. Mission St. to Allouez Ave.
o Jourdain Ln. – E. Mission St. to Allouez Ave.
o Van Buren St. – Derby Ln. to Catherine St.
o Karl St. – Libal St. to E. River Dr.
- Riverside Drive Pedestrian Crossing at Taft Street (2027 or 2028)
- Libal Street Resurfacing Project (LeBrun Rd. to Hoffman Rd.) (2028)
- Lead Services Replacement Project
- Riverview Pond Project (2027)
Leiterman/Beyler moved to recommend to the Village Board approval of the Street Projects
as presented on the 5-yr Capital Improvement Plan. Motion carried.
2026 STREET RESURFACING PROJECT
S. Gehin:
- Proposed Street Resurfacing Project includes the following street segments listed below. In
addition to asphalt paving, the project includes spot repair of defective curb and sidewalk,
repair to storm and sanitary sewer and landscape restoration.
- Funding is supported primarily from the Public Work’s paving ($500,000) and street repair
($50,000) budgets
o Ravine Way- Simonet St. to Greene Ave.
o River Ln. – Lazarre Ave. to Cul-de-Sac
o E. Dauphin St. – Libal St. to E. River Dr.
o E. Dauphin St. – E. River Dr. to Termini
o Brookridge St – Libal St. to E. River Dr.
o Brookridge St. – E. River Dr. to Termini
o Bid Alternate No. 1- Capri Ct.
o Bid Alternate No. 2 – Cameo Ct.
Lefebvre/Genrich moved to recommend to the Village Board approval of street segments as
proposed for the 2026 Street Resurfacing Project. Motion carried.
LIBAL ST. (LEBRUN ST. to HOFFMAN RD) TYPICAL SECTION
S. Gehin:
- Preliminary design for the Libal Street resurfacing project has started. Street maintenance
project will include:
o Mill and resurfacing of the existing pavement
o Spot repair of defective curb and gutter & sidewalk
o Correction of storm sewer deficiencies
o Improvement to existing pedestrian & bike accommodations:
▪ Upgrading of curb ramps to ADA standards/addition of marked bike lanes
▪ New sidewalk along the east side of Libal St. from LeBrun St. to Longview
Ave.
▪ Parking on the east side of the street will be eliminated to accommodate the
marked bike lanes
▪ Curb bump-ins at school crossings (Longview Ave. & Hilltop Dr.) which will
add visibility and shorten crossing distance making it safer
Beyler/Leiterman moved to recommend to the Village Board to approve the proposed
finished typical section. Motion carried.
PUBLIC WORKS DEPARTMENT EQUIPMENT PURCHASES
a. Street Sweeper
b. 60” Ribbon Snow Blower (Street)
c. Shop Pick-Up Truck
d. Staff Engineer Pick-Up Truck
e. Water Dept Pick-Up Truck
S. Gehin:
- Discussed the list of vehicles and equipment slated for replacement along with pricing.
- Street Sweeper was bonded for in 2025, all other equipment purchases have been budgeted
for through the Equipment Replacement Fund and/or water utility.
Discussion:
- Since the equipment has already been budgeted for, in the future is there a need to bring to
the committee? Committee suggested to list on consent agenda at Public Works Committee
if it’s not a larger purchase.
Genrich/Lefebvre moved to recommend to the Village Board purchase of Street Sweeper, 60”
Ribbon Snow Blower, Shop Pick-Up Truck, Staff Engineer Pick-Up Truck, and Water
Department Pick-Up Truck. Motion carried.
FUTURE AGENDA ITEMS
- Equipment purchases on consent agenda
ADJOURNMENT
Genrich/Lefebvre moved to adjourn at 6:22 p.m. Motion carried.
VILLAGE OF ALLOUEZ
Allouez Village Hall ◦ 1900 Libal Street ◦ Green Bay, Wisconsin 54301-2453
Phone No.: (920) 448-2800 ◦ Fax No.: (920) 448-2850
Department of Public Works
Date: March 2, 2026
RETIREMENT OF KURT ROZEK
Kurt Rozek, Street Department Equipment Operator, will be retiring on March 2nd, 2026. Hired February of 1999, Kurt has
worked for the Village for 27 years. Kurt is a skilled and experienced operator committed to serving the Public Works Dept.
and Village of Allouez. In addition, to his equipment operator duties, Kurt assisted the Public Works Department with the
inspection of Village owned stormwater ponds and the inspection of storm sewer outfalls.
Kurt’s commitment to the Village didn’t waiver, often waking up in the middle of the night and/or sacrificing time on
weekends to respond to a sewer backup, plow and salt, and/or traffic emergencies. He always maintained a good rapport
with fellow co-workers, worked well with staff in other departments and went out of his way to lend a helping hand to
Village residents.
Kurt’s commitment as an operator and public servant will be missed. The Village will be posting and working to fill vacant
position in the coming weeks.
Sean J. Gehin, P.E.
V. of Allouez DPW
VILLAGE OF ALLOUEZ
Allouez Village Hall ◦ 1900 Libal Street ◦ Green Bay, Wisconsin 54301-2453
Phone No.: (920) 448-2800 ◦ Fax No.: (920) 448-2850
Department of Public Works
02/12/2026
SPECIAL EQUIPMENT OPERATOR HIRE
We are pleased to announce the hiring of Patrick Rodgers as a special equipment operator. Patrick will be
responsible for street operation duties including garbage and recycling, refuse and brush collection, snow
plowing and other department duties. Patrick’s first day of work was on Monday, the 9
th of February.
Patrick brings over five years of experience as an operator for the City of Neenah’s Public Works Department.
We welcome Patrick to our Public Works team, and we look forward to working with him.
Sean J. Gehin, P.E.
ADVERTISEMENT FOR BIDS
AL-2026-01 STREET RESURFACING PROJECT
VILLAGE OF ALLOUEZ
Brown County, Wisconsin
Notice is hereby given by the Village Board, Village of Allouez, Brown County, Wisconsin, that it will receive sealed bids for
AL-2026-01 Street Resurfacing Project until 10:30 a.m., on Thursday, March 12th, 2026, at the Allouez Village Hall, 1900 Libal
Street, Green Bay, WI, at which time and place all bids will be publicly opened and read aloud.
Base and Alternate Bids are requested for the Hot Mix Asphalt resurfacing of the following streets:
BASE BID
Ravine Way (Simonet St. to E. Greene Ave.)
River Lane (W. Lazarre St. to Termini)
E. Dauphin St. (Libal St. to East River Dr.)
E. Dauphin St. (East River Dr. to Termini)
Brookridge St. (Libal St. to East River Dr.)
Brookridge St. (East River Dr. to Termini)
ALTERNATE BID
Capri Ct. (Hoffman Rd. to Termini)
Cameo Ct. (Hoffman Rd. to Termini)
OWNER – The Village of Allouez and the Department of Public Works acting through its Village Board, hereby gives notice that
sealed bids will be received in the Village Hall Office for the above-mentioned project.
BIDS – All bids shall be addressed to Sean Gehin P.E., Director of Public Works, Village of Allouez, at 1900 Libal Street, Green
Bay, Wisconsin 54301. Bids shall be sealed and shall have the name and address of the bidder and the contract for which the
bid is being submitted on the outside of the envelope. All bidders shall bid in accordance with and upon the Bid Forms included
in the contract documents.
EXAMINATION OF DOCUMENTS – The contract documents are on file for inspection at the Village of Allouez, 1900 Libal
Street, Green Bay, Wisconsin 54301.
PROCUREMENT OF CONTRACT DOCUMENTS – Complete digital project bidding documents are available at
www.questcdn.com. Bidders shall download the digital plan documents for $25.00 by inputting Quest Project #10065035 on the
website Project Search. The Quest link can also be found on the Village’s website under Department/ Public Works/
Engineering and Construction Projects. Please contact QuestCDN.com at (952)-233-1632 or info@questcdn.com for
assistance in free membership registration, downloading and working with this digital project information.
BID SECURITY – No bid shall be received unless accompanied by a certified check or satisfactory bid bond payable to the
Village of Allouez in the amount not less than 5% of the maximum bid as guarantee that, if the bid is accepted, the bidder wi ll
execute and file the contract, performance/payment bonds and insurance certification, as required by the contract documents,
within ten (10) days after the Notice of Award.
BID REJECTION – The OWNER reserves the right to reject any and all bids, waive any information in bidding or to accept the
bid or bids which best serves the interests of the Village of Allouez.
WITHDRAWAL OF BIDS – No bid shall be withdrawn for a period of 60-days after the scheduled opening without the consent of
the OWNER.
PROOF OF RESPONSIBILITY – A proof of responsibility (pre-qualification) form for all contracts must be filed in the Village of
Allouez, Director of Public Works, 1900 Libal Street, Green Bay Wisconsin 54301 no later than 4:00 PM Monday March 9th,
2026, and shall show sufficient ability, equipment and experience to properly perform the contract. The Village of Allouez
decision as to qualifications shall be final.
GOVERNING LAWS & REGULATIONS – The contract letting shall be subject to the provisions of Sections 66.0901, 66.0903
and 779.16 of the Wisconsin statutes.
James F. Rafter Jim March Carrie Zittlow
Village President Village Administrator Village Clerk-Treasurer
VILLAGE OF ALLOUEZ
Allouez Village Hall ◦ 1900 Libal Street ◦ Green Bay, Wisconsin 54301-2453
Phone No.: (920) 448-2800 ◦ Fax No.: (920) 448-2850
Department of Public Works
Date:
03/02/2026
RIVERVIEW POND – DRAFT ENGINEERING SERVICE AGREEMENT
The Public Works Department has received an engineering proposal from McMahon to provide design, bidding
and construction inspection services for the proposed Riverview Pond project. A copy of the engineering
proposal is attached. The Village has reviewed and has since submitted comments to McMahon.
In general, the scope of services includes:
• Topographic survey - Pond site along with the Broadview Dr. 48-Inch storm sewer (East River Dr. to the
Pond)
• Utility Coordination
• Hydrologic and Hydraulic Analysis of the Broadview Dr. storm sewer (Libal St. to the Pond)
• Design of Wet Detection Pond per DNR requirements – To include safety features (safety self and
fencing) and aerator
• Construction Erosion Plan
• DNR Permitting
• Meetings (Plan Review and Public Info. Meeting)
• Preparation Plans, Specifications and Cost Estimate (PSE)
• Bidding
• Construction Staking and Inspection
McMahon’s estimated fee to provide above scope of services is as follows:
• Design - $34,000
• Bidding - $4,400
• Construction Services - $38,500
The tentative pond schedule is as follows:
• Submittal of DNR Stormwater Grant by Mid-April
• Complete PSE’s documents and obtain DNR Permitting by Late Fall of 2026
• Bid Project winter of 2027
• Construct in 2027
When completed the Village owned and maintained pond will treat and store stormwater runoff from a 150-
acre watershed that consists primarily of residential land use. The watershed area includes the area north of
Hoffman Rd., east of Waubenoor Dr., south of Hwy 172., and west of the East River. The wet detention pond
help the Village overall meet the DNR stormwater regulations.
Suggested Motion:
Public Works Committee recommendation to the Village Board to approve McMahon’s Riverview Pond
engineering service agreement.
Public Works Director
Sean J. Gehin, P.E.
VILLAGE OF ALLOUEZ PROPOSAL AGREEMENT 1
VILLAGE OF ALLOUEZ
February 20, 2026
Attn: Sean Gehin, DPW McM. No. M0032-09-99-00012
1900 Libal Street RIVERVIEW POND
Green Bay, WI 54301
PROJECT DESCRIPTION
The Village of Allouez desires to construct the Riv erview Pond project, which is located at the east e nd of Broadview
Drive in the Village of Allouez. Riverview Pond is located within Riverview Park and the East River Watershed. Riverview
Pond is to discharge into the East River, which is a 303(d) listed water body that is impaired by exce ss sediment and
phosphorus pollutants. Stormwater runoff will enter Riverview Pond via a storm sewer which extends alo ng
Broadview Drive (East River Drive to proposed pond) and East River Drive (Broadview Drive to STH 172) to the
proposed wet detention pond. This existing storm se wer will be hydrologically and hydraulically evalua ted to
determine if sufficient flow capacity exists after the proposed wet detention pond is constructed.
The purpose of this agreement is to provide design, bidding and construction services for the proposed wet detention
pond project.
SCOPE OF SERVICES
McMahon Associates, Inc. (McMahon) agrees to provide the following Scope of Services for this project:
TASK 1 – DESIGN
Attend a Kick-Off Meeting with Village Staff to rev iew scope, work plans, schedule, and items coordina ted by
McMahon. Prepare meeting minutes and distribute to Village Staff in attendance.
Topographic Survey
Contact and request Digger’s Hotline locate and mar k utilities for the topographic survey. Review of u tility
planning maps, upon survey completion, to check if utilities have been marked and collected. Assume timely
locating and marking by Digger’s Hotline. Use high-pressure gas main depths provided by Village.
Perform bench loop and set benchmarks in the project area at 500-foot intervals. Use Village elevation datum
and Brown County coordinate system.
Perform a topographic survey of the existing underg round utilities and surface features to develop sit e
topography which will be used to design the improvements, including:
Above ground utilities, catch basin and manhole structures (with rim and invert elevations, pipe sizes, and
material), valves, hydrants, curb stops, pavement e dges, gravel edges, curb and gutter, sidewalk/trail ,
driveway opening and materials, trees, fences, mail boxes, retaining walls, mature landscaping, bushes,
right-of-way, property lines, and drainage swales entering or exiting the project area.
Topographic limits to extend about 50 feet beyond the proposed project limits.
Topographic spot elevations to generate a surface at 1-foot contour intervals.
Locate sanitary sewer and storm sewer manholes immediately upstream and downstream beyond project
area with rim and invert elevations. Depth water main valves.
Locate utilities marked by Digger’s Hotline in the project area, including poles, transformers, pedest als,
signs, signals, pull boxes, fiber optic lines, telephone lines, electric lines, cable lines, gas lines, etc.
Prepare base drawing, including property lines and right-of-way obtained from Brown County GIS.
Utility Coordination
Coordination with local public and private utility companies will be provided as follows:
Contact Digger’s Hotline to mark utilities prior to topographic and location survey.
VILLAGE OF ALLOUEZ PROPOSAL AGREEMENT 2
Submit 90% design plans to utilities for review.
Review utility work plans received from utilities for conformance with the plan.
Submit final utility work plans to Village, which are received from utilities (electronic pdf format).
Wet Detention Pond & Storm Sewer Design
Perform a hydrologic and hydraulic analysis of the existing storm sewer along Broadview Drive (East Ri ver
Drive to proposed pond) and East River Drive (Broad view Drive to STH 172) to determine if adequate flo w
capacity exists after the proposed wet detention po nd is constructed. If a larger pipe is needed, iden tify the
proposed storm sewer pipe size along Broadview Driv e (East River Drive to proposed pond) and East Rive r
Drive (Broadview Drive to STH 172). As an alternati ve to upsizing the storm sewer, identify the future dry
detention storage needed at the northwest of the Broadview Drive and East River Drive intersection.
Design the wet detention pond for the contributing watershed and its anticipated land uses.
Prepare an XP-SWMM hydrologic and hydraulic model for the proposed wet detention pond and storm sewer
along Broadview Drive (East River Drive to proposed pond) and East River Drive (Broadview Drive to STH 172).
Use the 10-year design storm, Atlas 14 rainfall dep ths and MSE4 rainfall distribution for the analysis and
design. Design the proposed storm sewer pipes to co ntain the hydraulic grade line below the storm sewe r
structure frames during the 10-year event. In addit ion, the proposed storm sewer system shall contain the
100-year design storm within the road right-of-way.
Prepare a WinSLAMM water quality model for the proposed wet detention pond.
Design the wet detention pond and storm sewer in ac cordance with WDNR 1001 Technical Standard, WDNR
Stormwater Guidance Documents, and Village design standards.
Design a perimeter fence and aerator for proposed pond if desired by the Village and the public.
Design an erosion and sediment control plan.
Design a landscape plan.
Prepare an Opinion of Probable Cost (OPC).
Regulatory Permitting
Prepare, coordinate, and submit permit applications to regulatory agencies for required permits. The
following permits are assumed to be needed:
WDNR Stormwater Pond General Permit
WDNR Stormwater Outfall Permit
WDNR Construction Site WPDES Permit
Meetings
Attend three design review meetings with Village Staff: 30%, 60% and 90% Design Plans. Plans, specifications,
bidding documents, and final OPC will be reviewed at the 90% Design Plan meeting.
Facilitate and attend a public informational meeting for the proposed project.
Construction Documents
Prepare a plan set (pdf format) for each plan revie w meeting (30%, 60%, 90%, and final). Plans are to be
consistent with Village standard specifications. Plan set is to include the following (dwg and pdf format):
Title sheet, abbreviations / notes, project overview map, grading plan for wet detention pond, landscape
plan for wet detention pond, details and typical sections for wet detention pond, erosion controls,
miscellaneous construction details.
Prepare bidding documents, including specifications and special provisions (technical specifications t hat are
unique to this project). Prepare a bid form with quantities.
Provide the Village with one hard copy and an elect ronic copy (MSWord and pdf formats) of the bidding
documents.
Submit the plans, stormwater management plan and bidding documents to WDNR for UNPS grant review.
TASK 2 – BIDDING
Prepare an Advertisement for Bid for publishing in the Village’s official newspaper.
Place bidding documents on QuestCDN for public bidding.
During bidding, answer contractor questions relating to the plans and specifications.
Issue clarifying addendums, as required.
VILLAGE OF ALLOUEZ PROPOSAL AGREEMENT 3
Attend and facilitate the bid opening.
Prepare a bid tabulation and bid analysis of the bids received.
Prepare a letter of recommendation for award.
After Village Board award, prepare the contract doc uments for execution. Provide the final contract do cuments
to the contractor for signatures. After signatures by the contractor, provide the final contract docum ents to the
Village for Village signatures and approvals.
TASK 3 – CONSTRUCTION SERVICES
General contract administration.
Organize and attend pre-construction meeting. Prepare agenda and distribute meeting minutes to attendees.
Conduct submittal and shop drawing review.
Conduct project progress meetings, as needed.
Review, approve, and verify contract quantities and process pay requests from the contractor.
Review, approve, and process change orders as required.
Prepare a project punch list and coordinate punch list completion with the Village and contractor.
Prepare and coordinate completion of project closeout documents.
Provide construction staking and cut sheets. Furnish, set, reference, and maintain stakes and markings necessary
to establish the alignment, location, benchmarks, elevations, and continuous profile-grades for storm sewer and
pond as needed. Construction staking typically includes but is not limited to:
Perform a record topographic survey of the wet dete ntion pond and storm sewer. Prepare a record drawin g of
the wet detention pond and storm sewer.
Provide construction observation for storm sewer:
Review all materials on site to determine compliance with plans and specifications.
Review that proper construction techniques are in accordance with plans and specifications.
Observe that components are installed properly as specified.
Measure and track quantities installed by contractor, as defined by the contract documents.
Provide digital construction reports of daily activ ity. Construction reports should include the follow ing:
description and digital drawings with notes shown o n the construction plans of the work completed, uni t
quantity tracking, photographs, test reports, individuals and equipment on site, measurements to accurately
locate and determine length of all buried facilities, conflicts with other utilities, weather and site conditions.
ITEMS NOT INCLUDED IN THE SCOPE OF SERVICES
The following items are not included in the Scope of Services for this project and will only be provided if authorized by the
Client and agreed to by McMahon.
Additional scope of work and services not specifically identified in the scope of services.
CLIENT RESPONSIBILITIES
The Scope of Services and fee are based on the understanding that Village of Grand Chute will provide the
following:
A person authorized to act as the Village's representative, including document reviews and decisions.
Permit and public notice fees.
COMPENSATION
McMahon agrees to provide the Scope of Services described above for the following Time and Expense compensation:
Design $34,000
Bidding $4,400
Construction Services $38,500
VILLAGE OF ALLOUEZ PROPOSAL AGREEMENT 4
COMPLETION SCHEDULE
McMahon agrees to complete this project as follows:
November 13, 2026 ......................... Design
December 2026 ................................ Bidding
May to November 2027 .................. Construction Services
ACCEPTANCE
The General Terms & Conditions and the Scope of Ser vices (defined in the above Agreement) are accepted , and
McMahon is hereby authorized to proceed with the se rvices. The Agreement fee is firm for acceptance wi thin sixty
(60) days from the date of this Agreement.
VILLAGE OF ALLOUEZ McMAHON ASSOCIATES, INC.
1900 Libal Street 1445 McMahon Drive | PO Box 1025
Green Bay, WI 54301 Neenah, WI 54956 | 54957-1025
920.751.4200 | MCMGRP.COM
Authorized Signature Nick Vande Hey, PE
Vice President
February 20, 2026
Date Date
Attachments: General Terms and Conditions
Fee Schedule
Reimbursable Schedule
Page 1 of 2
McMAHON ASSOCIATES, INC. November 3, 2025
GENERAL TERMS & CONDITIONS
1. STANDARD OF CARE
1.1 Services: McMahon Associates, Inc . (McMahon) shall perform services consistent with the professional skill and care ordinarily provided by
engineers/architects practicing in the same or similar locality under the same or similar circumstances. McMahon shall provide its services as expeditiously
as is consistent with such professional skill and care and the orderly progress of the project.
1.2 Client’s Representative: McMahon intends to serve as the Client's professional representative for those services, as defined in this Agreement, and to provide
advice and consultation to the Client as a professional. Any opinions of probable project costs, approvals and other decisions made by McMahon for the
Client are rendered based on experience and qualifications and represent our professional judgment. For clarity, Client may sometimes be referred to as
“Owner” in this and related documents.
1.3 Warranty, Guarantees, Terms and Conditions: McMahon does not provide a warranty or guarantee , express or implied , for professional services. This
Agreement or contract for services is not subject to the provisions of uniform commercial code s. Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a third party against either the Client or McMahon. McMahon's services under this Agreement
are being performed solely for the Client's benefit, and no other entity shall have any claim against McMahon because of this Agreement or the performance
or nonperformance of services hereunder. The Agreement does not create, nor does it intend to create a fiduciary relationship with Client or any other
party.
2. PAYMENT AND COMPENSATION
2.1 Invoices: McMahon will bill the Client monthly with net payment due in thirty (30) days. Past due balances shall be subject to an interest charge of 1.0% per
month. Client is responsible for interest charges on past due invoices, collection agency fees and attorney fees incurred by McMahon to collect all monies
due to McMahon. Client is responsible for all taxes levied on professional services and on reimbursable expenses. McMahon and Client hereby acknowledge
that McMahon has and may exercise lien rights on subject property.
2.2 Reimbursables: Expenses incurred by McMahon for the project including, but not limited to, equipment rental will be billed to the Client at cost plus 10%
and sub-consultants at cost plus 12%. When McMahon, after execution of an Agreement, finds that special ized equipment must be purchased to pro vide
special services, the cost of such equipment will be added to the agreed fee for professional services only after the Client agrees to these costs.
2.3 Changes: The stated fees and Scope of Services constitute McMahon’s professional opinion of probable cost of the fees and tasks required to perform the
services as defined. For those projects involving conceptual or process development services, activities often cannot be fully defined during initial planning.
As the project progresses, facts uncovered may reveal a change in direction, which may alter the Scope. Changes by the Client during design may necessitate
re-design efforts. McMahon will promptly inform the Client in writing of such situations so changes in this Agreement can be negotiated, as required.
2.4 Delays and Uncontrollable Forces: Costs and schedule commitments shall be subject to re -negotiation for delays caused by the Client's failure to pro vide
specified facilities or information, or for force majeure delays caused by unpredictable occurrences, including without limitation, fires, floods, riots, strikes,
unavailability of labor or materials, delays or defaults by suppliers of materials or services, process shutdowns, infectious diseases or pandemics, acts of God
or the public enemy, or acts or regulations of any governmental agency. Temporary delay of services caused by any of the above, which results in additional
costs beyond those outlined, may require re-negotiation of this Agreement.
3. INSURANCE
3.1 Limits: McMahon will maintain insurance coverage in the following amounts:
Worker's Compensation .......................................................................................................................................... Statutory
General Liability
Bodily Injury - Per Incident/Annual Aggregate ....................................................................... $1,000,000 / $2,000,000
Automobile Liability
Bodily Injury ................................................................................................................................................ $1,000,000
Property Damage ........................................................................................................................................ $1,000,000
Professional Liability Coverage ............................................................................................................................. $2,000,000
If the Client requires coverage or limits in addition to the above stated amounts, premiums for additional insurance shall be paid by the Client.
3.2 McMahon’s total aggregate liability to the Client for any indemnity obligations, reimbursement of legal fees, or for any damages arising out of or related to
the performance of this Agreement, whether based in tort, contract, or any other legal theory, sha ll be limited as follows: for contracts with a total value
less than $250,000, to the lesser of two (2) times McMahon’s fee or $250,000; for contracts with a total value equal to or exceeding $250,000, to McMahon’s
fee under this Agreement not to exceed $1,000,000.
3.3 Additional Insureds: Upon request and to the extent permitted by law , McMahon shall cause the primary and excess or umbrella polic ies for Commercial
General Liability and Automobile Liability to include the Client as an additional insured for claims caused in whole or in part by McMahon’s negligent acts or
omissions. The additional insured coverage shall be primary and non -contributory to any of the Client’s insurance policies and shall apply to both ongoing
and completed operations. To the extent permitted by law , Client shall cause the contractor, if any, to include McMahon as an a dditional insured on
contractor’s Commercial General Liability, Automobile Liability and Excess or Umbrella policies for claims caused in whole or in part by contractor’s acts or
omissions. The additional insured coverage shall be primary and non-contributory to any of McMahon’s insurance policies and shall apply to both ongoing
and completed operations, and policies are to be endorsed with a waiver of subrogation, as evidenced on the Certificate of Insurance.
4. CLAIMS AND DISPUTES
4.1 General: In the event of a dispute between the Client and McMahon arising out of or related to this Agreement, the aggrieved party shall notify the other
party of the dispute within a reasonable time after such dispute arises. The Client and McMahon agree to first attempt to resolve the dispute by direct
negotiation.
4.2 Mediation: If an agreement cannot be reached by the Client and McMahon, unresolved disputes shall be submitted to mediation. The Client and McMahon
shall share the mediator’s fee and any filing fees equally.
4.3 Binding Dispute Resolution: If the parties do not resolve a dispute through mediation, the method of binding dispute resolution shall be litigation in a court
of competent jurisdiction.
5. TERMINATION OR SUSPENSION
5.1 Client: Termination of this Agreement by the Client shall be effective upon seven (7) day written notice to McMahon. The written notice shall include the
reasons and details for termination.
Page 2 of 2
5.2 McMahon: If the Client defaults in any of the Agreements entered into between McMahon and the Client, or if the Client fails to carry out any of the duties
contained in these Terms and Conditions, McMahon may, upon seven (7) days written notice, suspend its services without further obligation or liability to
the Client unless, within such seven (7) day period, the Client remedies such violation to the reasonable satisfaction of McMahon. In addition, McMahon
may terminate this Agreement for any reason, with or without cause, by providing seven (7) days written notice to the Client. Upon such termination, all
obligations of McMahon shall cease. McMahon shall not be liable for any damages, costs, or additional compensation related to the termination.
5.3 Suspension for Non-Payment: McMahon may, after giving 48 hours’ notice, suspend service under any Agreement until the Client has paid in full all amounts
due for services rendered and expenses incurred.
5.4 Payment Upon Termination: If the Agreement is terminated, Client shall be responsible for paying for all work performed and/or expenses and damages
incurred by McMahon. Payments shall be made in accordance with Section 2 above.
6. COPYRIGHTS AND LICENSES
6.1 Instruments of Service: McMahon and its subconsultants shall be deemed the author and owner of their respective Instruments of Service (IOS), including
but not limited to the drawings, specifications, reports, and any computer modeling (BIM, etc.), and shall retain all common law, statutory and other reserved
rights, including copyrights.
6.2 Licenses: McMahon grants to the Client a nonexclusive license to use McMahon’s IOS solely and exclusively for the purposes of constructing, using, and
maintaining the project, provided that the Client substantially performs its obligations under this Agreement, including prompt payment of all sums due.
6.3 Reuse: Use of IOS pertaining to this project by the Client for extensions of this project or on any other project shall be at the Client's sole risk and without
liability or exposure to McMahon, and the Client agrees to defend, indemnify, and hold harmless McMahon from all claims, damages and expenses, including
attorneys’ fees arising out of such reuse of the IOS by the Client or by others acting through the Client.
7. AGREEMENT CONDITIONS
7.1 The stipulated fee is firm for acceptance by the Client within sixty (60) days from date of Agreement publication.
7.2 Modifications: This Agreement, upon execution, can be amended only by written amendment to the Agreement signed by both parties.
7.3 Governing Law: This Agreement shall be governed by the law of the place where the project is located, excluding that jurisdiction’s choice of law rules.
7.4 Mutual Non -Assignment: The Client and McMahon, respectively bind themselves, their agents, successors, assigns and legal representatives to this
Agreement. Neither the Client nor McMahon shall assign this Agreement without the written consent of the other.
7.5 Severability: The invalidity of any provision of this Agreement shall not invalidate the Agreement or its remaining provisions. If it is de termined that any
provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make
that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’
intentions and purposes in executing the Agreement.
7.6 Third Party: Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action, in favor of a third party against McMahon.
8. MISCELLANEOUS PROVISIONS
8.1 Additional Client Services: The Client agrees to provide such legal, accounting and insurance counseling services as may be required for the project for the
Client’s purpose.
8.2 Client-Provided Information: The Client agrees that McMahon may rely on information provided by the Client or by third parties engaged by the Client.
8.3 Means and Methods: McMahon is not responsible for direction or supervision of construction means, methods, techniques, sequence, or procedures of
construction selected by contractors or subcontractors, or the safety precautions and programs incident to the work of the contractors or subcontractors.
8.4 Purchase Orders: In the event the Client issues a purchase order or other instrument related to McMahon’s services, it is understood and agreed that such
document is for Client's internal accounting purposes only and shall in no way modify, add to, or delete any of the Terms and Conditions of this Agreement.
Signed acknowledgment of receipt, or the actual performance of services subsequent to receipt, of any such purchase order, re quisition or notice of
authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. If the Client does
issue a purchase order, or other similar instrument, McMahon will indicate the purchase order number on the invoice(s) sent to the Client.
8.5 Project Maintenance: The Client (or Owner if applicable) shall be responsible for maintenance of the structure, or portions of the structure, which have been
completed and have been accepted for its intended use. All structures are subject to wear and tear, and environmental and man -made exposures. As a
result, all structures require regular and frequent monitoring and maintenance to prevent damage and deterioration. Such monitoring and maintenance is
the sole responsibility of the Client or Owner. McMahon shall have no responsibility for such issues or resulting damages.
8.6 Consequential Damages: Notwithstanding any other provision of the Agreement, McMahon shall not be liable in contract or tort or otherwise for any special,
indirect, consequential, or liquidated damages including but not limited to loss of profit or revenue, loss of capital, delay damages, loss of goodwill, claim of
third parties, or similar damages arising out of or connected in any way to the project and/or this Agreement.
8.7 Corporate Protection: It is intended by the parties to this Agreement that McMahon’s services in connection with the project shall not subject McMa hon's
individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. Therefore, and notwithstanding anything
to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand, or suit shall be directed and/or asserted
only against McMahon, a Wisconsin corporation, and not against any of McMahon’s employees, officers, or directors.
8.8 Contingency: The project will evolve and be refined over time. The Client shall provide appropriate contingency for design and construction costs consistent
with the reasonable progression of the project. The Client and McMahon agree that revisions due to design clarifications or omissions which result in changes
in work during the construction phase which amount to 5% or less of construction costs shall be deemed within the contingency and consistent with the
professional standard of care. Accordingly, the Client agrees to make no claim for such costs. Revisions in excess of this threshold shall be resolved per the
dispute resolution process.
8.9 Project Costs Associated with Agency Plan Review: McMahon will not be responsible for additional project costs due to changes to the design, construction
documents, and specifications resulting from the agency plan review process. The project schedule shall either allow for the agency plan review process to
occur prior to the bid phase, or if this review occurs after the bid phase, any additional costs would be considered part of the project contingency.
8.10 Hazardous Materials: McMahon shall have no responsibility for the discovery, presence, handling, removal, or disposal of, or exposure of person s to,
hazardous materials or toxic substances in any form at the project site.
8.11 Climate: Design standards which exceed the minimum requirements within current codes and regulations are excluded. If requested by the Client, climate-
related design services or evaluations can be provided for additional compensation.
W \ McM-Info \ Proposal SOQ \ Current Fee & Reimbursable Expenses Schedules \ McM-All Offices \ 2026 \ 2026 McM Fee Schedule 2026-01-01
McMahon Associates, Inc. Effective: 01/01/2026
LABOR CLASSIFICATION HOURLY RATE
Principal $215.00
Senior Project Manager $195.00 - $215.00
Project Manager $145.00 - $185.00
Senior Engineer $195.00 - $205.00
Engineer $115.00 - $185.00
Senior Engineering Technician $145.00 - $155.00
Engineering Technician $85.00 - $135.00
Senior Architect $180.00 - $200.00
Architect $155.00 - $175.00
Senior Designer $130.00 - $150.00
Designer $100.00 - $120.00
Senior Land Surveyor $140.00 - $190.00
Land Surveyor $130.00
Land Surveyor Technician $95.00 - $115.00
Surveyor Apprentice $80.00
Erosion Control Technician $100.00
Senior Hydrogeologist $215.00
Senior Ecologist $205.00
Environmental Scientist $110.00 - $140.00
Senior GIS Project Manager $195.00
Senior GIS Analyst $135.00 - $155.00
GIS Analyst $105.00 - $125.00
Wetland Delineator $125.00
Senior Wetland Delineator $165.00
Municipal Planner $175.00
Senior Public Management Specialist $180.00
Public Management Specialist $145.00 - $160.00
Senior Public Safety Specialist $180.00
Public Safety Specialist $145.00 - $160.00
Building Inspector Specialist $145.00
Water / Wastewater Specialist $115.00 - $145.00
Senior On-Site Project Representative $130.00
On-Site Project Representative $70.00 - $130.00
K-12 Administrative Specialist $140.00
State Plan Reviewer $155.00
Certified Grant Specialist $155.00
Graphic Designer $120.00
Senior Administrative Assistant $100.00 - $110.00
Administrative Assistant $90.00
Intern $55.00 - $80.00
Professional Witness Services $385.00
NEENAH, WISCONSIN
CORPORATE HEADQUARTERS
Street Address:
1445 McMAHON DRIVE
NEENAH, WI 54956
Mailing Address:
P.O. BOX 1025
NEENAH, WI 54957-1025
Ph 920.751.4200 | Fax 920.751.4284
Email: MCM@MCMGRP.COM
Web: WWW.MCMGRP.COM
1700 HUTCHINS ROAD
MACHESNEY PARK, IL 61115
Ph 815.636.9590 | Fax 815.636.9591
Email: MCMAHON@MCMGRP.NET
Web: WWW.MCMGRP.COM
952 SOUTH STATE ROAD 2
VALPARAISO, IN 46385
Ph 219.462.7743 | Fax 219.464.8248
Email: MCM@MCMGRP-IN.COM
Web: WWW.MCMGRP.COM
This Fee Schedule is subject to revisions
due to labor rate adjustments and
interim staff or corporate changes.
W \ McM-Info \ Proposal SOQ \ Current Fee & Reimbursable Expenses Schedules \ McM-All Offices \ 2026 \ 2026 McM Reimbursable Expenses Schedule 2026-01-01
McMahon Associates, Inc. Effective: 01/01/2026
DESCRIPTION RATE
REIMBURSABLE EXPENSES:
Commercial Travel 1.1 of Cost
Delivery & Shipping 1.1 of Cost
Meals & Lodging 1.1 of Cost
Review & Submittal Fees 1.1 of Cost
Outside Consultants 1.12 of Cost
Photographs & Models 1.1 of Cost
Misc. Reimbursable Expenses & Project Supplies 1.1 of Cost
Terrestrial LIDAR Scanner $50.00/Hour
REIMBURSABLE UNITS:
Copy Charges - Black & White $0.08/Image
Copy Charges - Color / 8½” x 11” $0.45/Image
Copy Charges - Color / 8½” x 14” and 11” x 17” $0.75/Image
Mileage $0.95/Mile
Mileage - Truck/Van $1.20/Mile
All-Terrain Vehicle $100.00/Day
Global Positioning System (GPS) $21.00/Hour
Hand-Held Global Positioning System (GPS) $15.00/Hour
Robotic Total Station $20.00/Hour
Survey Hubs $0.55/Each
Survey Lath $1.00/Each
Survey Paint $7.75/Can
Survey Ribbon $3.50/Roll
Survey Rebars - 1¼“ $10.00/Each
Survey Rebars - ¾” $3.50/Each
Survey Rebars - ⅝” $3.50/Each
Survey Iron Pipe - 1” $5.00/Each
Survey Steel Fence Post - 1” $7.75/Each
Control Spikes $2.50/Each
Pin Flags $0.30/Each
* This schedule is not all inclusive.
NEENAH, WISCONSIN
CORPORATE HEADQUARTERS
Street Address:
1445 McMAHON DRIVE
NEENAH, WI 54956
Mailing Address:
P.O. BOX 1025
NEENAH, WI 54957-1025
Ph 920.751.4200 | Fax 920.751.4284
Email: MCM@MCMGRP.COM
Web: WWW.MCMGRP.COM
1700 HUTCHINS ROAD
MACHESNEY PARK, IL 61115
Ph 815.636.9590 | Fax 815.636.9591
Email: MCMAHON@MCMGRP.NET
Web: WWW.MCMGRP.COM
952 SOUTH STATE ROAD 2
VALPARAISO, IN 46385
Ph 219.462.7743 | Fax 219.464.8248
Email: MCM@MCMGRP-IN.COM
Web: WWW.MCMGRP.COM
VILLAGE OF ALLOUEZ
Allouez Village Hall ◦ 1900 Libal Street ◦ Green Bay, Wisconsin 54301-2453
Phone No.: (920) 448-2800 ◦ Fax No.: (920) 448-2850
Department of Public Works
Date: 02/12/2026
HYDROCORP SERVICE AGREEMENTS FOR RESIDENTIAL AND COMMERCIAL CROSS-CONNECTION CONTROL INSPECTIONS
The WDNR requires all public water systems to maintain an annual Cross-Connection Control (CCC) program involving
the inspection of residential and non-residential connections to the safe drinking water supply. State plumbing code
requires approved backflow prevention methods to be installed at potable water connections. The purpose of the
program is to prevent contamination of the public water system.
HydroCorp, an independent contractor, currently provides the Village with residential and non-residential CCC
inspections services. To be compliant with DNR Administrative Code and to ensure everyone in our community has safe
and clean drinking water, staff have received two separate proposals from HydroCorp to continue the residential and
non-residential cross-connection control inspections.
2-year (Revised) Residential CCC Inspection Service Agreement (March 2026 to March 2028)
In general, the scope of the service includes:
• Program Administration
• Answering Calls
• The Scheduling of Initial and Compliance Inspections
• Inspection and Documentation of approximately 300 residential properties per year for a total of 600
Inspections.
• For the management thereof, agreement term was increased from 1- to 2-years to match the term of the non-
residential agreement.
• Program Compliance and DNR Reporting
HydroCorp’s proposed fee is $42,693.00 (Year 1 $20,928.00; Year 2 $21,765.00).
To reduce the cost of the inspection Services, the Water Department will complete the re-inspections of residential
properties that were found to be non-compliant. In the event Village staff does not have availability, HydroCorp will
complete at a fee of $71.16 each.
2-year Non-Residential CCC Inspection Service Agreement (March 2026 to March 2028)
In general, the scope of the service includes:
• Program Administration
• Answering Calls
• The Scheduling of Initial and Compliance Inspections.
• Inspection and Documentation of approximately 112 non-residential properties over 2-yr contract period.
Agreement includes a slight increase to the number of inspections due to added commercial properties and/or
change to facility complexity.
• Program Compliance and DNR Reporting.
HydroCorp’s proposed fee is $17,792.88 (Year 1 $8,722.00; Year 2 $9,070.88).
Suggested Motion:
Staff recommendation to the Village Board to approve the 2-year HydroCorp CCC inspection service agreements.
RENEWAL SERVICE
AGREEMENT
OUR
SERVICES
DEVELOPED FOR
Sean Gehin
Village Of Allouez
1900 Libal
Green Bay, WI, 54301
2/10/2026
PROTECTING PEOPLE, WATER, &
CRITICAL PIPING INFRASTRUCTURE
000001
Cross-Connection
Control Programs
Backflow Preventer
Test Tracking
Water Meter
Replacement & Testing
Piping Schematics
Water Quality
Management & Sampling
For more than four decades, HydroCorp has been dedicated
to advancing drinking water safety, compliance, and
sustainability nationwide. Specializing in cross-connection
control, backflow prevention, and detailed piping system
schematics, HydroCorp integrates technology with deep
industry expertise to streamline on-site activities, customer
service, and data management.
Corporate Office
5700 Crooks Road, Suite 100
Troy, MI 48098
844-493-7646
info@hydrocorpinc.com
hydrocorpinc.com
SCOPE OF WORK ........................................................... 3-4
PROFESSIONAL SERVICE AGREEMENT............................ 5-9
APPENDIX - QUALIFICATIONS ......................................... 10
| Village Of Allouez | 2/10/2026
Statement of Work
HydroCorp™ (“Company”) will provide the following services to the Village Of Allouez (“Client”). This project is a continued effort for an ongoing
Cross-Connection Control Program and will provide the Village Of Allouez with the necessary data and information to maintain compliance with the
Wisconsin Department of Natural Resources, Bureau of Drinking Water and Groundwater Cross Connection Control Regulations. Once this project
has been approved and accepted by the Village Of Allouez and HydroCorp, you may expect completion of the following elements within a 24 month
period. The components of the project include:
1.1. Program Review and Program Start -up Meeting. Company will conduct a Program Startup Meeting for the Cross -Connection
Control/Backflow Prevention Program. Items for discussion/review will include the following:
• Review state & local regulations
• Review and/or provide assistance in establishing local Cross-Connection Control Ordinance
• Review/establish wording and timeliness for program notifications including:
- Inspection Notice, Compliance Notice, Non-Compliance Notices 1-2, and Penalty Notices
- Testing Notices 1,2, and 3, if applicable
• Special Program Notices and Electronic use of notices/program information
• Obtain updated facility listing, address information and existing program data from Utility.
• Prioritize Inspections (Residential Homes)
• Review/establish procedure for vacant facilities.
• Establish facility inspection schedule.
• Review/establish procedures and protocols for addressing specific hazards.
• Review/establish procedures including supplemental information/notification that may be requested from these types of facilit ies in
order to achieve program compliance.
• Review/establish program reporting procedures including electronic reporting tools, educational and public awareness brochures
1.2. Inspections. Company will perform Residential Interior initial inspections, compliance inspections, and re-inspections at individual
residential homes within the utility served by the public water supply for cross- connections. Inspections will be conducted in accordance with the
Wisconsin Department of Natural Resources, Bureau of Drinking Water and Groundwater Cross Connection Control Rules.
1.3. Inspection Schedule. Company shall determine and coordinate the inspection schedule. Inspection personnel will check in/out
on a daily basis with the Client Contract Manager. The initial check -in will include a list of inspections scheduled. An exit interview will include a list
of completed inspections.
1.4. Program Data. Company will generate and document the required program data for the Facility Types listed in the Services using
the Company’s Software Data Management Program. Program Data shall remain property of Client; however, Company’s Software Data Management
program shall remain the property of Company. View only and report capabilities are granted to Client. Additional Services include:
(a) Prioritize and schedule inspections
(b) Notify users of inspections and backflow device installation/testing requirements, if applicable
i. If applicable, Qualified Wisconsin Backflow Preventer Testers will register via HydroCorp Managed Software
and be verified for current credentials prior to online test forms being accepted. Credential shall be
maintained in HydroCorp Software and updated by HydroCorp staff.
ii. All testers are required to register & process results online
iii. Company does not accept test forms via fax, mail, or email from testers, water customers, or client
(c) Monitor inspection compliance using Company’s online software management program
(d) Maintain the program to comply with all Wisconsin Department of Natural Resources, Bureau of Drinking Water and
Groundwater regulations
(e) Provide data management and program notices for all inspection and testing (if applicable) services throughout the term
1.5. Account Listing Information. Client shall provide the following information to Company during initial onboarding. Company will
accept updates via standard account template no more often than once per month. Information to include: Any development work to enter facility
listing in Company database will be charged at the rate of $80.00 per hour. Incorrect facility addresses will be returned to the Utility contact and
corrected address will be requested.
(a) Account Listing: Village Of Allouez to provide accurate account listing of active residential water customers with and
without known backflow preventer assemblies.
(b) Account Listing Format: Account listing to be provided in Excel format only; Required Account Information: Service
Name, Service Street Address, Service City, Service State, Service Zip, Mailing Name, Mailing Street Address, Mailing City,
Mailing State, Mailing Zip.
(c) Required Device Information: Last Test Date, size, make, model, and serial number (if applicable)
i. All previous test data must be provided in excel format. Company will not accept paper tests for upload.
| Village Of Allouez | 2/10/2026
1.6. Cross Connection Control Plan and Review of Cross- Connection Control Ordinance. Company will review and/or develop a
comprehensive cross- connection control policy manual/plan and submit to the appropriate regulatory agency for approval on behalf of Client .
Company will review or assist in the development of a cross-connection control ordinance.
1.7. Public Relations Program. Company will assist Client with a community -wide public relations program, including general
awareness brochures and website cross-connection control program content. The utility/city will provide HydroCorp with an electronic copy of the
utility logo or utility letterhead and all envelops for the mailing of all official program correspondence only (300 dpi in either .eps, or other high-
quality image format).
1.8. Support. Company will provide ongoing support via phone, website, or email for the Term.
1.9. Facility Types. The facility types included in the program are as follows: residential
1.10. Inspection Terms. Company will perform a maximum of 600.00 inspections over the Term. The total inspections include all initial
inspections, compliance, and re-inspections. Additional Inspections above the contract terms will be billed separately at a rate of $71.16. Company
Personnel will not enter confined spaces. Vacant facilities that have been provided to Company, scheduled no show, or refusal of inspection will count
as an inspection/site visit for purposes of the contract.
1.11. Compliance with Wisconsin Department of Natural Resources, Bureau of Drinking Water and Groundwater . Company will assist
in compliance with Wisconsin Department of Natural Resources, Bureau of Drinking Water and Groundwater cross-connection control program
requirements for all commercial, industrial, institutional, residential, multifamily, and public authority facilities.
1.12. Inventory. Company shall inventory all accessible (ground level) backflow prevention assemblies and devices. Documentation
will include: location, size, make, model, and serial number (if applicable).
1.13. Annual Year-End Review. Company will conduct an annual or year-end review meeting to discuss the overall program status and
specific program recommendations.
1.14.
The above services will be provided for:
Year Monthly Amount Annual Amount
Year 1 $1,743.99 $20,928.00
Year 2 $1,813.74 $21,765.00
Contract Total $42,693.00
Contract Amount is based upon a 24 Months term and shall renew in 12-month increments after term unless written cancellation by either party
received at least 60 days prior to renewal. HydroCorp will invoice in Monthly Amounts. Pricing is valid for 90 days from the date of the proposal.
SIGNATURES
IN WITNESS WHEREOF, the parties have duly executed this Agreement effective as of the date of 3/1/2026.
Village Of Allouez
\s1\
___________________________
By: \n1\
Title: \t1\
HydroCorp
________________________________
By: Paul M. Patterson
Its: Senior Vice President
| Village Of Allouez | 2/10/2026
HYDROCORP, LLC
TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES
1. Applicability. These terms and conditions (these “ Terms”) are
the only terms which govern the provision of the professional services
(“Services”) by HydroCorp, LLC, a Michigan limited liability company
(“Company”) to the customer named on the attached statement of work,
order form, proposal, or purchase order (“Client ”, and together with
Company the “ Parties” and each individually a “ Party”). The attached
statement of work, order form, proposal, or purchase order (the
“Proposal”) and these Terms (collective ly, this “ Agreement”) comprise
the entire agreement between the Parties, and supersede all prior or
contemporaneous understandings, agreements, negotiations,
representations and warranties, and communications, both written and
oral. The Proposal is limited to and conditional upon Client’s acceptance
of these Terms exclusively. Any additional or different terms proposed by
Client, whether in the Proposal or otherwise, are unacceptable to
Company, are expressly rejected by Company, and will not become a part
of the Proposal.
2. Performance of Services; Company Obligations. Company shall
provide to Client the Services described and in accordance with the terms
and conditions set forth in this Agreement. Additional Services may be
added only by executing a new Proposal. Company shall provide Client
with an electronic file copy of the utility logo or utility letterhead and all
envelopes for the mailing of all official program correspondence only.
3. Client Obligations . Client shall: (a) designate one of its
employees or agents to serve as its primary contact with respect to this
Agreement and to act as its authorized representative with respect to
matters pertaining to this Agreement (the “ Client Contract Manager ”),
with such designation to remain in force unless and until a successor
Client Contract Manager is appointed; (b) require that the Client Contract
Manager respond promptly to any reasonable requests from Company for
instructions, information, or approvals required by Company to provide
the Services; (c) cooperate with Company in its performance of the
Services and provide access to Client’s premises, employees, contractors,
and equipment as required to enable Company to provide the Services;
(d) take all steps necessary, including obtaining any required licenses or
consents, to prevent Client -caused delays in Company’s provision of the
Services; (e) comply with all responsibilities listed on the Proposal in
connection with Company’s provision of the Services.
4. Fees and Expenses . In consideration of the provision of the
Services by Company and the rights granted to Client under this
Agreement, Client shall pay the fees set out in the applicable Proposal.
Payment to Company of such fees and the reimbursement of expenses
pursuant t o this Section 4 shall constitute payment in full for the
performance of the Services. Unless otherwise provided in the applicable
Proposal, all payments shall be due and payable within thirty (30) days of
the date set forth on an invoice. Client shall reimburse Company for all
reasonable expenses incurred in accordance with the Proposal if such
expenses have been pre- approved, in writing by the Client Contract
Manager, within thirty (30) days of receipt by Client of an invoice from
Company accompanied by receipts and reasonable supporting
documentation. Client shall be responsible for all sales, use and excise
taxes, and any other similar taxes, duties and charges of any kind imposed
by any federal, state or local governmental entity on any amounts payable
by Client hereunder; and to the extent Company is required to pay any
such sales, use, excise, or other taxes or other duties or charges, Client
shall reimburse Company in connection with its payment of fees and
expenses as set forth in th is Section 4 . Notwithstanding the previous
sentence, in no event shall Client pay or be responsible for any taxes
imposed on, or regarding, Company’s income, revenues, gross receipts,
personnel, or real or personal property or other assets.
5. Intellectual Property; Ownership.
(a) Except as set forth in Section 5(c), Client is, and shall
be, the sole and exclusive owner of all right, title, and interest in and to
the Deliverables (as defined herein) upon full payment of any fees owed
to Company, including all Intellectual Property Rights (as defined herein)
therein. Company agrees, and will cause its employees or contractors (the
“Company Representatives ”) to agree, that with respect to any
Deliverables that may qualify as “work made for hire” as defined in 17
U.S.C. § 101, such Deliverables are hereby deemed a “work made for hire”
for Client. To the extent that any of the Deliverables do not constitute a
“work made for hire”, Company hereby irrevocably assigns, and shall
cause the Company Representatives to irrevocably assign to Clie nt, in
each case without additional consideration, all right, title, and interest
throughout the world in and to the Deliverables, including all Intellectual
Property Rights therein. Company shall cause the Company
Representatives to irrevocably waive, to the extent permitted by
applicable law, any and all claims such Company Representatives may
now or hereafter have in any jurisdiction to so -called “moral rights” or
rights of droit moral with respect to the Deliverables. As used herein: (a)
“Deliverables” mean all documents, work product, and other materials
that are delivered to Client hereunder or prepared by or on behalf of
Company in the course of performing the Services; and (b) “ Intellectual
Property Rights” means all (i) patents, patent disclosures, and inventions
(whether patentable or not), (ii) trademarks, service marks, trade dress,
trade names, logos, corporate names, and domain names, together with
all of the goodwill associated therewith, (iii) copyrights and copyrightable
works (including computer programs), and rights in data and databases,
(iv) trade secrets, know-how, and other confidential information, and (v)
all other intellectual property rights, in each case whether registered or
unregistered and including all applications for, and renewals or extensions
of, such rights, and all similar or equivalent rights or forms of protection
in any part of the world.
(b) Upon Client’s reasonable request, Company shall,
and shall cause the Company Representatives to, promptly take such
further actions, including execution and delivery of all appropriate
instruments of conveyance, as may be necessary to assist Client to
prosecute, register, perfect, or record its rights in or to any Deliverables.
(c) Company and its licensors are, and shall remain, the
sole and exclusive owners of all right, title, and interest in and to the Pre-
Existing Materials (as defined herein), including all Intellectual Property
Rights therein. Company hereby grants Client a limited, irrevocable,
perpetual, fully paid- up, royalty -free, non -transferable, non-
sublicenseable, worldwide license to use, perform, display, execute,
reproduce, distribute, transmit, modify (including to create derivative
works), import, make, have made, sell, offer to sell, and otherwise exploit
any Pre-Existing Materials to the extent incorporated in, combined with
or otherwise necessary for the use of the Deliverables solely to the extent
reasonably required in connection with Client’s receipt or use of the
Services and Deliverables. All other rights in and to the Pre -Existing
Materials are expressly reserved by Company. As used herein, “ Pre-
Existing Materials ” means all documents, data, know -how,
methodologies, software, and other materials, including c omputer
programs, reports, and specifications, provided by or used by Company in
connection with performing the Services, in each case developed or
acquired by Company prior to the commencement or independently of
this Agreement.
(d) Client and its licensors are, and shall remain, the sole
and exclusive owner of all right, title, and interest in and to the Client
Materials (as defined herein), including all Intellectual Property Rights
therein. Company shall have no right or license to use any Client Materials
except solely during the Term to the extent necessary to provide the
Services to Client. All other rights in and to the Client Materials are
expressly reserved by Client. As used herein, “ Client Materials” means
any documents, dat a, know -how, methodologies, software, and other
materials provided to Company by Client.
| Village Of Allouez | 2/10/2026
6. Access to Company’s Software Data Management Program;
Management Reports.
(a) Subject to the terms and conditions in this Section 6,
Client may, at Client’s option, elect to access and use Company’s Software
Data Management Program (the “Software”) during the Term. Company
will generate and document the required program data for the facility
types listed in the Proposal using the Software. Any Client Materials
inserted into the Software by or on behalf of Client, or any Deliverables
produced as a result of the Software, shall remain property of Client;
however, the Software shall remain the property of HydroCorp.
(b) Client agrees to not (i) copy, modify, or create
derivative works of the Software, in whole or in part; (ii) rent, lease, lend,
sell, sublicense, assign, distribute, publish, transfer, or otherwise make
available the Software; (iii) reverse engineer, disassemble, decompile,
decode, adapt or otherwise attempt to derive the source code of the
Software, in whole or in part; (iv) remove any proprietary notices from
the Software; or (v) use the Software in any manner or for any purpose
that infringes, misappropriates, or otherwise vio lates any intellectual
property rights of Company.
(c) Client acknowledges that, as between Client and
Company, Company owns all right, title and interest, including all
intellectual property rights in and to the Software and any derivative
works thereof, including all changes, modification, improvements,
updates, version, and new releases or any information or data generated
by the Software.
(d) Company warrants as of the date of the Proposal,
the Software is in functioning condition and is not delivered with viruses
or malicious code. EXCEPT FOR THE WARRANTY SET FORTH ABOVE, THE
SOFTWARE IS PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL
WARRANTIES, W HETHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES
OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY (i) THAT
CLIENT’S USE OF THE SOFTWARE WILL MEET CLIEN T’S REQUIREMENTS,
BE ACCURATE, OR BE ERROR FREE, (ii) THAT THE SOFTWARE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) THAT ANY
DEFECTS OR ERRORS WILL BE CORRECTED; (iv) THAT CLIENT MAY RELY ON
THE SOFTWARE FOR COMPLIANCE WITH ANY STATUTORY OR
REGULATORY REQUIREMENTS AND/OR REPORTING OBLIGATIONS; OR (v)
THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR
SYSTEMS SOFTWARE CONFIGURATION.
(e) Comprehensive management reports in electronic,
downloadable format on a, as applicable to Client, monthly, quarterly,
and/or annual basis shall be available for access by Client. Reports to
include the following information: (i) name, location, and date o f
inspections; (ii) number of facilities inspected/surveyed; and (iii) number
of facilities compliant/non-compliant.
7. Confidentiality. From time to time during the Term, either Party
(as the “ Disclosing Party”) may disclose or make available to the other
Party (as the “Receiving Party”), non-public, proprietary, and confidential
information of Disclosing Party, whether disclosed in writing or orally, and
whether or not labeled as “confidential” (“ Confidential Information ”);
provided, however, that Confidential Information does not include any
information that: (a) is or becomes generally available to the public other
than as a result of Receiving Party’s breach of this Section 7 ; (b) is or
becomes available to the Receiving Party on a non-confidential basis from
a third-party source that was not legally or contractually restricted from
disclosing such information; (c) the Receiving Party establishes by
documentary evidence, was in Receiving Party’s possession pr ior to
Disclosing Party’s disclosure hereunder; or (d) the Receiving Party
establishes by documentary evidence, was or is independently developed
by Receiving Party or its personnel without using any of the Disclosing
Party’s Confidential Information. The Receiving Party shall: (i) protect and
safeguard the confidentiality of the Disclosing Party’s Confidential
Information with at least the same degree of care as the Receiving Party
would protect its own Confidential Information, but in no event with less
than a commercially reasonable degree of care; (ii) not use the Disclosing
Party’s Confidential Information, or permit it to be accessed or used, for
any purpose other than to exercise its rights or perform its obligations
under this Agreement; and (iii) no t disclose any such Confidential
Information to any person or entity, except to the Receiving Party’s
Representatives (as hereinafter defined) who need to know the
Confidential Information to assist the Receiving Party, or act on its behalf,
to exercise it s rights or perform its obligations under this Agreement. If
the Receiving Party becomes legally compelled to disclose any
Confidential Information, the Receiving Party shall provide: (A) prompt
written notice of such requirement so that the Disclosing Party may seek,
at its sole cost and expense, a protective order or other remedy; and (B)
reasonable assistance, at the Disclosing Party’s sole cost and expense, in
opposing such disclosure or seeking a protective order or other limitations
on disclosure. If, after providing such notice and assistance as required
herein, the Receiving Party remains required by applicable law to disclose
any Confidential Information, the Receiving Party shall disclose no more
than that portion of the Confidential Information which, on the advice of
the Receiving Party’s legal counsel, the Receiving Party is legally required
to disclose and, upon the Disclosing Party’s request, shall use
commercially reasonable efforts to obtain assurances from the applicable
court or agency that such Confidential Information will be afforded
confidential treatment. As used herein, “Representatives” mean a Party’s
affiliates and each of their respective employees, agents, contractors,
subcontractors, officers, directors, partners, shareholders, at torneys,
third-party advisors, successors and permitted assigns.
8. Indemnification. Client shall defend, indemnify, and hold
harmless Company and its affiliates and its and their respective members,
managers, officers, directors, employees, agents, successors, and
permitted assigns from and against all Losses (as defined herein) arising
out of or resulting from any third- party claim arising out of or resulting
from: (a) bodily injury, death of any person, or damage to real or tangible,
personal property resulting from the grossly negligent or willful acts or
omissions of Client; or (b) Client’s breach of any representation, warranty,
or obligation of Client in this Agreement. As used herein, “ Losses” mean
all losses, damages, liabilities, deficiencies, actions, judgments, interest,
awards, penalties, fines, costs, or expenses of whatever kind, including
reasonable attorneys’ fees and the cost of enforcing any right to
indemnification hereunder and the cost of pursuing any insurance
providers.
9. Representations and Warranties . Each Party represents and
warrants to the other Party that: (a) if an entity, it is duly organized, validly
existing and in good standing as a corporation or other entity as
represented herein under the laws and regulations of its jurisdiction of
incorporation, organization, or chartering, or, if a municipal agency, it has
the authority under the laws of its state of jurisdiction; (b) it has the full
right, power, and authority to enter into this Agreement, to grant the
rights and licenses granted hereunder, and to perform its obligations
hereunder; (c) the execution of this Agreement by its representative
whose signature is set forth at the end hereof has been duly authorized
by all necessary corporate action of the Party; and (d) when executed and
delivered by such Party, this Agreement will constitute the legal, valid,
and binding obligation of such Party, enforceable against such Party in
accordance with its terms.
10. Limited Warranty.
(a) Company warrants that it shall perform the Services:
(i) in accordance with the terms and subject to the conditions set out in
the respective Proposal and this Agreement; (ii) using personnel of
industry standard skill, experience, and qualifications; and (iii) in a timely,
| Village Of Allouez | 2/10/2026
workmanlike, and professional manner in accordance with generally
recognized industry standards for similar services.
(b) Company’s sole and exclusive liability and Client’s
sole and exclusive remedy for breach of this warranty shall be as follows:
i. Company shall use commercially
reasonable efforts to promptly cure any such breach; provided, that if
Company cannot cure such breach within a reasonable time (but no more
than thirty (30) days) after Client’s written notice of such breach, Client
may, at its option, terminate the Agreement by serving written notice of
termination in accordance with Section 12.
ii. In the event the Agreement is terminated
pursuant to Section 10(b)(i) above, Company shall within thirty (30) days
after the effective date of termination, refund to Client any fees paid by
Client as of the date of termination for the Service or Deliverables, less a
deduction equal to the fees for receipt or use of such Deliverables or
Service up to and including the date of termination on a pro-rated basis.
iii. The foregoing remedy shall not be
available unless Client provides written notice of such breach within thirty
(30) days after delivery of such Service or Deliverable to Client.
iv. COMPANY MAKES NO WARRANTIES
EXCEPT FOR THAT PROVIDED IN SECTION 10(a) ABOVE. ALL OTHER
WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
11. Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE
TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR
PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR
PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF
WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER
REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL COMPANY’S
AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED
THE AGGREGATE AMOUNTS PAID TO COMPANY PURSUANT TO THE
APPLICABLE PROPOSAL GIVING RISE TO THE CLAIM.
12. Term and Termination. This Agreement shall commence on the
effective date of the Proposal and shall continue thereafter (a) for the
term set forth in the Proposal or (b) if the term is silent, until the Services
are completed by Company, unless, in either case, earlier terminated by
either Party as set forth herein (the “ Term”). Upon commencement of
each Proposal, Client acknowledges and agrees that the fees owed by
Client to Company shall be subject to an annual increase equal to the
Consumer Price Index for All Urban Consumers (CPI-U); U.S. City Average;
All items, not seasonally adjusted, 1982 –1984=100 reference base, as of
such annual fee increase date, or 4%, whichever is greater. Either Party
may terminate this Agreement, effective upon written notice to the other
Party (the “ Defaulting Party ”), if the Defaulting Party: ( i) breaches
this Agreement, and such breach is incapable of cure, or with respect to a
breach capable of cure, the Defaulting Party does not cure such breach
within thirty (30) days aft er receipt of written notice of such breach; ( ii)
becomes insolvent or admits its inability to pay its debts generally as they
become due; ( iii) becomes subject, voluntarily or involuntarily, to any
proceeding under any domestic or foreign bankruptcy or insolvency law,
which is not fully stayed within seven (7) business days or is not dismissed
or vacated within forty -five (45) days after filing; (iv) is dissolved or
liquidated or takes any corporate action for such purpose; ( v) makes a
general assignment f or the benefit of creditors; or ( vi) has a receiver,
trustee, custodian, or similar agent appointed by order of any court of
competent jurisdiction to take charge of or sell any material portion of its
property or business. Termination of this Agreement will not
automatically terminate any outstanding Proposal, and the applicable
Proposal shall continue in full force and effect until (A) completion of the
Services set forth in the applicable outstanding Proposal (B) termination
of the applicable Proposal pursuant to additional terms set forth therein,
or (C) termination of the Proposal by the non-Defaulting Party.
13. Insurance.
(a) During the term of this Agreement, Client shall, at its
own expense, maintain and carry insurance with financially sound and
reputable insurers, in full force and effect that includes, but is not limited
to, commercial general liability on an all-risk basis and including extended
coverage for matters set forth in this Agreement with financially sound
and reputable insurers. Upon Company’s request, Client shall provide
Company with a certificate of insurance from Client’s insurer evidencing
the insurance cov erage specified in this Agreement. The certificate of
insurance shall name Company as an additional insured. Client shall
provide Company with thirty (30) days’ advance written notice in the
event of a cancellation or material change in Client’s insurance policy.
Except where prohibited by law, Client shall require its insurer to waive
all rights of subrogation against Company’s insurers and Company.
(b) During the term of this Agreement, Company shall,
at its own expense, maintain and carry the following types of insurance:
(i) Comprehensive General Liability with limits no less than one million
dollars ($1,000,000) per occurrence and two million dollars ($2,000,000)
in the aggregate; (ii) Excess Umbrella Liability with limits no less than five
million dollars ($5,000,000) per occurrence and five million dollars
($5,000,000) in the aggregate; (iii) Automobile Liability with limits no less
than one million dollars ($1,000,000), combined single limit; (iv) Worker’s
Compensation with limits no less than one million dollars ($1,000,000) per
occurrence; and (v) Errors and Omissions Liability with limits no less than
two million dollars ($2,000,000) per occurrenc e and two million dollars
($2,000,000) in the aggregate. Upon Client’s request, Company shall
provide Client with a certificate of insurance from Company’s insurer
evidencing the insurance coverage specified in this Agreement. The
certificate of insurance for the Comprehensive General Liability policy
shall name Client as an additional insured. Company shall provide Client
with thirty (30) days’ advance written notice in the event of a cancellation
or material change in Client’s insurance policy.
14. Entire Agreement. This Agreement, including and together with
any related Proposals, exhibits, schedules, attachments, and appendices,
constitutes the sole and entire agreement of the Parties with respect to
the subject matter contained herein, and supersedes all prior and
contemporaneous understandings, agreements, representations, and
warranties, both written and oral, regarding such subject matter.
15. Notices. All notices, requests, consents, claims, demands,
waivers, and other communications under this Agreement (each, a
“Notice”) must be in writing and addressed to the other Party at its
address set forth on the Proposal (or to such other address that the
receiving Party may designate from time to time in accordance with this
Section 15). Unless otherwise agreed herein, all Notices must be delivered
by personal delivery, nationally recognized overnight courier or certified
or registered mail (in each c ase, return receipt requested, postage
prepaid). Except as otherwise provided in this Agreement, a Notice is
effective only (a) on receipt by the receiving Party; and (b) if the Party
giving the Notice has complied with the requirements of this Section 15.
16. Severability. If any term or provision of this Agreement is found
by a court of competent jurisdiction to be invalid, illegal, or unenforceable
in any jurisdiction, such invalidity, illegality, or unenforceability shall not
affect any other term or provision of this A greement or invalidate or
render unenforceable such term or provision in any other jurisdiction.
17. Waiver. No waiver by any Party of any of the provisions of this
Agreement shall be effective unless explicitly set forth in writing and
| Village Of Allouez | 2/10/2026
signed by the Party so waiving. Except as otherwise set forth in this
Agreement, no failure to exercise, or delay in exercising, any right,
remedy, power, or privilege arising from this Agreement shall operate or
be construed as a waiver thereof, nor shall any single or partial exercise
of any right, remedy, power, or privilege hereunder preclude any other or
further exercise thereof or the exercise of any other right, remedy, power,
or privilege.
18. Assignment; Successors and Assigns . Client shall not assign,
transfer, delegate, or subcontract any of its rights or delegate any of its
obligations under this Agreement without the prior written consent of
Company. Any purported assignment or delegation in violation of this
Section 18 shall be null and void. No assignment or delegation shall relieve
Client of any of its obligations under this Agreement. Company may assign
any of its rights or delegate any of its obligations to any affiliate or to any
person acquiring all or substantially all of Company’s assets without
Client’s consent. This Agreement is binding on and inures to the benefit
of the Parties to this Agreement and their respective permitted successors
and permitted assigns.
19. Relationship of the Parties . The relationship between the
Parties is that of independent contractors. The details of the method and
manner for performance of the Services by Company be under its own
control, Client being interested only in the results thereof. Company shall
be solely responsible for supervising, controlling, and directing the details
and manner of the completion of the Services. Nothing in this Agreement
shall give Client the right to instruct, supervise, control, or direct the
details and manner of the completion of the Services. The Services must
meet Client’s final approval and shall be subject to Client’s general right
of inspection throughout the performance of the Services and to secure
satisfactory final completion. Nothing contained in this Agreement shall
be construed as creating any agency, partnership, joint venture, or other
form of joint enterprise, employment, or fiduciary relationship between
the Parties, and neither Party shall have authority to contract for or bind
the other Party in any manner whatsoever.
20. No Third- Party Beneficiaries . This Agreement benefits solely
the Parties to this Agreement and their respective permitted successors
and assigns and nothing in this Agreement, express or implied, confers on
any other person or entity any legal or equitable right, benefit, or remedy
of any nature whatsoever under or by reason of this Agreement.
21. Choice of Law . This Agreement and all related documents
including all exhibits attached hereto and all matters arising out of or
relating to this Agreement, whether sounding in contract, tort, or statute
are governed by, and construed in accordance with, the laws of the State
in which Client’s principal place of business in located, without giving
effect to the conflict of laws provisions thereof to the extent such
principles or rules would require or permit the application of the laws of
any jurisdiction o ther than those of the State in which Client’s principal
place of business in located.
22. Waiver of Jury Trial. EACH PARTY ACKNOWLEDGES THAT ANY
CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING
EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO
THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT
ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND
UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY
IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS
AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR
APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS
CONTEMPLATED HEREBY.
23. Force Majeure. No Party shall be liable or responsible to the
other Party, or be deemed to have defaulted under or breached this
Agreement, for any failure or delay in fulfilling or performing any term of
this Agreement (except for any obligations of Client to make payments to
Company hereunder), when and to the extent such failure or delay is
caused by or results from acts beyond the impacted Party’s (“ Impacted
Party”) reasonable control, including, without limitation, the following
force majeure events (“ Force Majeure Event(s) ”): (a) acts of God; (b)
flood, fire, earthquake, pandemics, epidemics, or explosion; (c) war,
invasion, hostilities (whether war is declared or not), terrorist threats or
acts, riot, or other civil unrest; (d) government order, law, or actions; (e)
embargoes or blockades in effect on or after the date of this Agreement;
(f) national or regional emergency; (g) strikes, labor stoppages, or
slowdowns, or other industrial disturbances; (h) telecommunication
breakdowns, power outages or sh ortages, lack of warehouse or storage
space, inadequate transportation services, or inability or delay in
obtaining supplies of adequate or suitable materials; and (i) other similar
events beyond the reasonable control of the Impacted Party. The
Impacted Party shall give notice within ten (10) days of the Force Majeure
Event to the other Party, stating the period of time the occurrence is
expected to continue. The Impacted Party shall use diligent efforts to end
the failure or delay and ensure the effects o f such Force Majeure Event
are minimized. The Impacted Party shall resume the performance of its
obligations as soon as reasonably practicable after the removal of the
cause. In the event that the Impacted Party’s failure or delay remains
uncured for a period of fifteen (15) days following written notice given by
it under this Section 23 , the other Party may thereafter terminate this
Agreement upon fifteen (15) days’ written notice.
24. Publicity. Unless the a Party provides the other Party with
written notice to the contrary or of any reasonable restrictions or
requirements, such Party acknowledges and agrees that the other Party
shall have the right to use such Party’s name, likeness, and logos in any
digital, online, and printed publicity or marketing materials prepared by
the other Party and in presentations to current or prospective clients and
others.
Appendix
Specific Qualifications & Experience
HydroCorp™ is a professional service organization that specializes in Cross Connection Control Programs. Cross Connection Control
Program Management & Training is the main core and focus of our business. We are committed to providing water utilities and local
communities with a cost-effective and professionally managed cross-connection control program in order to assist in protecting the
public water supply.
| Village Of Allouez | 2/10/2026
• HydroCorp conducts over 110,000 Cross Connection Control Inspections annually.
• HydroCorp tracks and manages over 135,000+ backflow prevention assemblies for our Municipal client base.
• Our highly trained staff works in an efficient manner in order to achieve maximum productivity and keep program costs
affordable. We have a detailed system and process that each of our field inspectors follow in order to meet productivity and
quality assurance goals.
• Our municipal inspection team is committed to providing outstanding customer service to the water users in each of the
communities we serve. We teach and train customer service skills in addition to the technical skills since our team members
act as representatives of the community that we service.
• Our municipal inspection team has attended training classes and received certification from the following recognized Cross
Connection Control Programs: UF TREEO, UW-Madison, and USC – Foundation for Cross Connection Control and Hydraulic
Research, American Backflow Prevention Association (ABPA), American Society for Sanitary Engineering (ASSE). HydroCorp
recognizes the importance of Professional Development and Learning. We invest heavily in internal and external training with
our team members to ensure that each Field Service and Administrative team member has the skills and abilities to meet the
needs of our clients.
• We have a trained administrative staff to handle client needs, water user questions and answer telephone calls in a
professional, timely, and courteous manner. Our administrative staff can answer most technical calls related to the cross -
connection control program and have attended basic cross-connection control training classes.
• HydroCorp currently serves over 550 communities in Michigan, Wisconsin, Minnesota, Maryland, Delaware, Virginia, California,
Idaho, Utah & Florida. We still have our first customer!
• HydroCorp and its’ staff are active members in many water industry associations including: National Rural Water Association,
State Rural Water Associations, National AWWA, State AWWA Groups, HydroCorp is committed to assisting these organizations
by providing training classes, seminars, and assistance in the area of Cross Connection Control.
• Several Fortune 500 companies have relied on HydroCorp to provide Cross Connection Control Surveys, Program Management
& Reporting to assist in meeting state/local regulations as well as internal company guidelines.
RENEWAL SERVICE
AGREEMENT
OUR
SERVICES
DEVELOPED FOR
Sean Gehin
Village Of Allouez
1900 Libal
Green Bay, WI, 54301
2/10/2026
PROTECTING PEOPLE, WATER, &
CRITICAL PIPING INFRASTRUCTURE
000001
Cross-Connection
Control Programs
Backflow Preventer
Test Tracking
Water Meter
Replacement & Testing
Piping Schematics
Water Quality
Management & Sampling
For more than four decades, HydroCorp has been dedicated
to advancing drinking water safety, compliance, and
sustainability nationwide. Specializing in cross-connection
control, backflow prevention, and detailed piping system
schematics, HydroCorp integrates technology with deep
industry expertise to streamline on-site activities, customer
service, and data management.
Corporate Office
5700 Crooks Road, Suite 100
Troy, MI 48098
844-493-7646
info@hydrocorpinc.com
hydrocorpinc.com
SCOPE OF WORK ........................................................... 3-4
PROFESSIONAL SERVICE AGREEMENT............................ 5-9
APPENDIX - QUALIFICATIONS ......................................... 10
| Village Of Allouez | 2/10/2026
Statement of Work
HydroCorp™ (“Company”) will provide the following services to the Village Of Allouez (“Client”). This project is a continued effort for an ongoing
Cross-Connection Control Program and will provide the Village Of Allouez with the necessary data and information to maintain compliance with the
Wisconsin Department of Natural Resources, Bureau of Drinking Water and Groundwater Cross Connection Control Regulations. Once this project
has been approved and accepted by the Village Of Allouez and HydroCorp, you may expect completion of the following elements within a 24 month
period. The continued components of the project include:
1.1. Program Review and Program Start-up Meeting. Company will conduct a Program Startup Meeting, if requested, for the Cross-
Connection Control/Backflow Prevention Program. Items for discussion/review will include the following:
• Review state & local regulations
• Review and/or provide assistance in establishing local Cross-Connection Control Ordinance
• Review/establish wording and timeliness for program notifications including:
- Inspection Notice, Compliance Notice, Non-Compliance Notices 1-2, and Penalty Notices
- Testing Notices 1,2, and 3, if applicable
• Special Program Notices and Electronic use of notices/program information
• Obtain updated facility listing, address information and existing program data from Utility.
• Prioritize Inspections (Utility owned buildings, schools, high hazard facilities, special circumstances.)
• Review/establish procedure for vacant facilities.
• Establish facility inspection schedule.
• Review/establish procedures and protocols for addressing specific hazards.
• Review/establish high -hazard, complex facilities and large industrial facility inspection/containment procedures including
supplemental information/notification that may be requested from these types of facilities in order to achieve program compliance.
• Review/establish program reporting procedures including electronic reporting tools, educational and public awareness brochures
1.2. Inspections. Company will perform Non- Residential Interior initial inspections, compliance inspections, and re- inspections at
individual industrial, commercial, institutional facilities and miscellaneous water users within the utility served by the pu blic water supply for cross-
connections. Inspections will be con ducted in accordance with the Wisconsin Department of Natural Resources, Bureau of Drinking Water and
Groundwater Cross Connection Control Rules.
1.3. Inspection Schedule. Company shall determine and coordinate the inspection schedule. Inspection personnel will check in/out
on a daily basis with the Client Contract Manager. The initial check -in will include a list of inspections scheduled. An exit interview will include a list
of completed inspections.
1.4. Program Data. Company will generate and document the required program data for the Facility Types listed in the Services using
the Company’s Software Data Management Program. Program Data shall remain property of Client; however, Company’s Software Data Management
program shall remain the property of Company. View only and report capabilities are granted to Client. Additional Services include:
(a) Prioritize and schedule inspections
(b) Notify users of inspections and backflow device installation/testing requirements, if applicable
i. If applicable, Qualified Wisconsin Backflow Preventer Testers will register via HydroCorp Managed Software
and be verified for current credentials prior to online test forms being accepted. Credential shall be
maintained in HydroCorp Software and updated by HydroCorp staff.
ii. All testers are required to register & process results online
iii. Company does not accept test forms via fax, mail, or email from testers, water customers, or client
(c) Monitor inspection compliance using Company’s online software management program
(d) Maintain the program to comply with all Wisconsin Department of Natural Resources, Bureau of Drinking Water and
Groundwater regulations
(e) Provide data management and program notices for all inspection and testing (if applicable) services throughout the term
1.5. Account Listing Information. Client shall provide the following information to Company during initial onboarding. Company will
accept updates via standard account template no more often than once per month. Any development work to enter facility listing in Company
database will be charged at the rate of $80.00 per hour. Incorrect facility addresses will be returned to the Utility contact and corrected address
will be requested. Information to include:
(a) Account Listing: Village Of Allouez to provide accurate account listing of active non-residential water customers with and
without known backflow preventer assemblies.
(b) Account Listing Format: Account listing to be provided in Excel format only; Required Account Information: Service Name,
Service Street Address, Service City, Service State, Service Zip, Mailing Name, Mailing Street Address, Mailing City, Mailing
State, Mailing Zip.
(c) Required Device Information: Last Test Date, size, make, model, and serial number (if applicable)
i. All previous test data must be provided in excel format. Company will not accept paper tests for upload.
| Village Of Allouez | 2/10/2026
1.6. Cross Connection Control Plan and Review of Cross- Connection Control Ordinance. Company will review and/or develop a
comprehensive cross- connection control policy manual/plan and submit to the appropriate regulatory agency for approval on behalf of Client .
Company will review or assist in the development of a cross-connection control ordinance.
1.7. Public Relations Program. Company will assist Client with a community -wide public relations program, including general
awareness brochures and website cross-connection control program content. The utility/city will provide HydroCorp with an electronic copy of the
utility logo or utility letterhead and all envelops for the mailing of all official program correspondence only (300 dpi in either .eps, or other high-
quality image format).
1.8. Support. Company will provide ongoing support via phone, website, or email for the Term.
1.9. Facility Types. The facility types included in the program are as follows: industrial; institutional; commercial; miscellaneous water
users; and multifamily. Large industrial and high- hazard complexes or facilities may require inspection/survey services outside the scope of this
Agreement. Company typically allows a maximum of up to three (3) hours of inspection time per facility. An independent cross -connection control
survey (at the business owner’s expense) may be required at these larger/complex facilities, and the results submitted to Client to help verify program
compliance.
1.10. Inspection Terms. Company will perform a maximum of 112.00 inspections over the Term. The total inspections include all initial
inspections, compliance, and re-inspections. Additional Inspections above the contract terms will be billed separately at a rate of $158.87. Company
Personnel will not enter confined spaces. Vacant facilities that have been provided to Company, scheduled no show, or refusal of inspection will count
as an inspection/site visit for purposes of the contract.
1.11. Compliance with Wisconsin Department of Natural Resources, Bureau of Drinking Water and Groundwater . Company will assist
in compliance with Wisconsin Department of Natural Resources, Bureau of Drinking Water and Groundwater cross-connection control program
requirements for all commercial, industrial, institutional, residential, multifamily, and public authority facilities.
1.12. Inventory. Company shall inventory all accessible (ground level) backflow prevention assemblies and devices. Documentation
will include: location, size, make, model, and serial number (if applicable).
1.13. Annual Year-End Review. Company will conduct an annual or year-end review meeting to discuss the overall program status and
specific program recommendations.
1.14.
The above services will be provided for:
Year Monthly Amount Annual Amount
Year 1 $726.83 $8,722.00
Year 2 $755.90 $9,070.88
Contract Total $17,792.88
Contract Amount is based upon a 24 Months term and shall renew in 12-month increments after term unless written cancellation by either party
received at least 60 days prior to renewal. HydroCorp will invoice in Monthly Amounts. Pricing is valid for 90 days from the date of the proposal.
SIGNATURES
IN WITNESS WHEREOF, the parties have duly executed this Agreement effective as of the date of 3/1/2026.
Village Of Allouez
\s1\
___________________________
By: \n1\
Title: \t1\
HydroCorp
________________________________
By: Paul M. Patterson
Its: Senior Vice President
| Village Of Allouez | 2/10/2026
HYDROCORP, LLC
TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES
1. Applicability. These terms and conditions (these “ Terms”) are
the only terms which govern the provision of the professional services
(“Services”) by HydroCorp, LLC, a Michigan limited liability company
(“Company”) to the customer named on the attached statement of work,
order form, proposal, or purchase order (“Client ”, and together with
Company the “ Parties” and each individually a “ Party”). The attached
statement of work, order form, proposal, or purchase order (the
“Proposal”) and these Terms (collectively, this “ Agreement”) comprise
the entire agreement bet ween the Parties, and supersede all prior or
contemporaneous understandings, agreements, negotiations,
representations and warranties, and communications, both written and
oral. The Proposal is limited to and conditional upon Client’s acceptance
of these Terms exclusively. Any additional or different terms proposed by
Client, whether in the Proposal or otherwise, are unacceptable to
Company, are expressly rejected by Company, and will not become a part
of the Proposal.
2. Performance of Services; Company Obligations. Company shall
provide to Client the Services described and in accordance with the terms
and conditions set forth in this Agreement. Additional Services may be
added only by executing a new Proposal. Company shall provide Client
with an electronic file copy of the utility logo or utility letterhead and all
envelopes for the mailing of all official program correspondence only.
3. Client Obligations . Client shall: (a) designate one of its
employees or agents to serve as its primary contact with respect to this
Agreement and to act as its authorized representative with respect to
matters pertaining to this Agreement (the “ Client Contract Manager ”),
with such designation to remain in force unless and until a successor
Client Contract Manager is appointed; (b) require that the Client Contract
Manager respond promptly to any reasonable requests from Company for
instructions, information, or approvals required by Company to provide
the Services; (c) cooperate with Company in its performance of the
Services and provide access to Client’s premises, employees, contractors,
and equipment as required to enable Company to provide the Services;
(d) take all steps necessary, including obtaining any required licenses or
consents, to prevent Client -caused delays in Company’s provision of the
Services; (e) comply with all responsibilities listed on the Proposal in
connection with Company’s provision of the Services.
4. Fees and Expenses . In consideration of the provision of the
Services by Company and the rights granted to Client under this
Agreement, Client shall pay the fees set out in the applicable Proposal.
Payment to Company of such fees and the reimbursement of expenses
pursuant t o this Section 4 shall constitute payment in full for the
performance of the Services. Unless otherwise provided in the applicable
Proposal, all payments shall be due and payable within thirty (30) days of
the date set forth on an invoice. Client shall reimburse Company for all
reasonable expenses incurred in accordance with the Proposal if such
expenses have been pre- approved, in writing by the Client Contract
Manager, within thirty (30) days of receipt by Client of an invoice from
Company accompanied by receipts and reasonable supporting
documentation. Client shall be responsible for all sales, use and excise
taxes, and any other similar taxes, duties and charges of any kind imposed
by any federal, state or local governmental entity on any amounts payable
by Client hereunder; and to the extent Company is required to pay any
such sales, use, excise, or other taxes or other duties or charges, Client
shall reimburse Company in connection with its payment of fees and
expenses as set forth in th is Section 4 . Notwithstanding the previous
sentence, in no event shall Client pay or be responsible for any taxes
imposed on, or regarding, Company’s income, revenues, gross receipts,
personnel, or real or personal property or other assets.
5. Intellectual Property; Ownership.
(a) Except as set forth in Section 5(c), Client is, and shall
be, the sole and exclusive owner of all right, title, and interest in and to
the Deliverables (as defined herein) upon full payment of any fees owed
to Company, including all Intellectual Property Rights (as defined herein)
therein. Company agrees, and will cause its employees or contractors (the
“Company Representatives ”) to agree, that with respect to any
Deliverables that may qualify as “work made for hire” as defined in 17
U.S.C. § 101, such Deliverables are hereby deemed a “work made for hire”
for Client. To the extent that any of the Deliverables do not constitute a
“work made for hire”, Company hereby irrevocably assigns, and shall
cause the Company Representatives to irrevocably assign to Clie nt, in
each case without additional consideration, all right, title, and interest
throughout the world in and to the Deliverables, including all Intellectual
Property Rights therein. Company shall cause the Company
Representatives to irrevocably waive, to the extent permitted by
applicable law, any and all claims such Company Representatives may
now or hereafter have in any jurisdiction to so -called “moral rights” or
rights of droit moral with respect to the Deliverables. As used herein: (a)
“Deliverables” mean all documents, work product, and other materials
that are delivered to Client hereunder or prepared by or on behalf of
Company in the course of performing the Services; and (b) “ Intellectual
Property Rights” means all (i) patents, patent disclosures, and inventions
(whether patentable or not), (ii) trademarks, service marks, trade dress,
trade names, logos, corporate names, and domain names, together with
all of the goodwill associated therewith, (iii) copyrights and copyrightable
works (including computer programs), and rights in data and databases,
(iv) trade secrets, know-how, and other confidential information, and (v)
all other intellectual property rights, in each case whether registered or
unregistered and including all applications for, and renewals or extensions
of, such rights, and all similar or equivalent rights or forms of protection
in any part of the world.
(b) Upon Client’s reasonable request, Company shall,
and shall cause the Company Representatives to, promptly take such
further actions, including execution and delivery of all appropriate
instruments of conveyance, as may be necessary to assist Client to
prosecute, register, perfect, or record its rights in or to any Deliverables.
(c) Company and its licensors are, and shall remain, the
sole and exclusive owners of all right, title, and interest in and to the Pre-
Existing Materials (as defined herein), including all Intellectual Property
Rights therein. Company hereby grants Client a limited, irrevocable,
perpetual, fully paid- up, royalty -free, non -transferable, non-
sublicenseable, worldwide license to use, perform, display, execute,
reproduce, distribute, transmit, modify (including to create derivative
works), import, make, have made, sell, offer to sell, and otherwise exploit
any Pre-Existing Materials to the extent incorporated in, combined with
or otherwise necessary for the use of the Deliverables solely to the extent
reasonably required in connection with Client’s receipt or use of the
Services and Deliverables. All other rights in and to the Pre -Existing
Materials are expressly reserved by Company. As used herein, “ Pre-
Existing Materials ” means all documents, data, know -how,
methodologies, software, and other materials, including c omputer
programs, reports, and specifications, provided by or used by Company in
connection with performing the Services, in each case developed or
acquired by Company prior to the commencement or independently of
this Agreement.
(d) Client and its licensors are, and shall remain, the sole
and exclusive owner of all right, title, and interest in and to the Client
Materials (as defined herein), including all Intellectual Property Rights
therein. Company shall have no right or license to use any Client Materials
except solely during the Term to the extent necessary to provide the
Services to Client. All other rights in and to the Client Materials are
expressly reserved by Client. As used herein, “ Client Materials” means
any documents, dat a, know -how, methodologies, software, and other
materials provided to Company by Client.
| Village Of Allouez | 2/10/2026
6. Access to Company’s Software Data Management Program;
Management Reports.
(a) Subject to the terms and conditions in this Section 6,
Client may, at Client’s option, elect to access and use Company’s Software
Data Management Program (the “Software”) during the Term. Company
will generate and document the required program data for the facility
types listed in the Proposal using the Software. Any Client Materials
inserted into the Software by or on behalf of Client, or any Deliverables
produced as a result of the Software, shall remain property of Client;
however, the Software shall remain the property of HydroCorp.
(b) Client agrees to not (i) copy, modify, or create
derivative works of the Software, in whole or in part; (ii) rent, lease, lend,
sell, sublicense, assign, distribute, publish, transfer, or otherwise make
available the Software; (iii) reverse engineer, disassemble, decompile,
decode, adapt or otherwise attempt to derive the source code of the
Software, in whole or in part; (iv) remove any proprietary notices from
the Software; or (v) use the Software in any manner or for any purpose
that infringes, misappropriates, or otherwise vio lates any intellectual
property rights of Company.
(c) Client acknowledges that, as between Client and
Company, Company owns all right, title and interest, including all
intellectual property rights in and to the Software and any derivative
works thereof, including all changes, modification, improvements,
updates, version, and new releases or any information or data generated
by the Software.
(d) Company warrants as of the date of the Proposal,
the Software is in functioning condition and is not delivered with viruses
or malicious code. EXCEPT FOR THE WARRANTY SET FORTH ABOVE, THE
SOFTWARE IS PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL
WARRANTIES, W HETHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES
OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY (i) THAT
CLIENT’S USE OF THE SOFTWARE WILL MEET CLIEN T’S REQUIREMENTS,
BE ACCURATE, OR BE ERROR FREE, (ii) THAT THE SOFTWARE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) THAT ANY
DEFECTS OR ERRORS WILL BE CORRECTED; (iv) THAT CLIENT MAY RELY ON
THE SOFTWARE FOR COMPLIANCE WITH ANY STATUTORY OR
REGULATORY REQUIREMENTS AND/OR REPORTING OBLIGATIONS; OR (v)
THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE OR
SYSTEMS SOFTWARE CONFIGURATION.
(e) Comprehensive management reports in electronic,
downloadable format on a, as applicable to Client, monthly, quarterly,
and/or annual basis shall be available for access by Client. Reports to
include the following information: (i) name, location, and date o f
inspections; (ii) number of facilities inspected/surveyed; and (iii) number
of facilities compliant/non-compliant.
7. Confidentiality. From time to time during the Term, either Party
(as the “ Disclosing Party”) may disclose or make available to the other
Party (as the “Receiving Party”), non-public, proprietary, and confidential
information of Disclosing Party, whether disclosed in writing or orally, and
whether or not labeled as “confidential” (“ Confidential Information ”);
provided, however, that Confidential Information does not include any
information that: (a) is or becomes generally available to the public other
than as a result of Receiving Party’s breach of this Section 7 ; (b) is or
becomes available to the Receiving Party on a non-confidential basis from
a third-party source that was not legally or contractually restricted from
disclosing such information; (c) the Receiving Party establishes by
documentary evidence, was in Receiving Party’s possession prior to
Disclosing Party’s disclosure hereunder; or (d) the Receiving Party
establishes by documentary evidence, was or is independently developed
by Receiving Party o r its personnel without using any of the Disclosing
Party’s Confidential Information. The Receiving Party shall: (i) protect and
safeguard the confidentiality of the Disclosing Party’s Confidential
Information with at least the same degree of care as the Receiving Party
would protect its own Confidential Information, but in no event with less
than a commercially reasonable degree of care; (ii) not use the Disclosing
Party’s Confidential Information, or permit it to be accessed or used, for
any purpose other than to exercise its rights or perform its obligations
under this Agreement; and (iii) not disclose any such Confidential
Information to any person or entity, except to the Receiving Party’s
Representatives (as hereinafter defined) who need to know the
Confidential Information to assist the Receiving Party, or act on its behalf,
to exercise its rights or perform its obligations under this Agreement. If
the Receiving Party becomes legally compelled to disclose any
Confidential Information, the Receiving Par ty shall provide: (A) prompt
written notice of such requirement so that the Disclosing Party may seek,
at its sole cost and expense, a protective order or other remedy; and (B)
reasonable assistance, at the Disclosing Party’s sole cost and expense, in
opposing such disclosure or seeking a protective order or other limitations
on disclosure. If, after providing such notice and assistance as required
herein, the Receiving Party remains required by applicable law to disclose
any Confidential Information, the R eceiving Party shall disclose no more
than that portion of the Confidential Information which, on the advice of
the Receiving Party’s legal counsel, the Receiving Party is legally required
to disclose and, upon the Disclosing Party’s request, shall use
commercially reasonable efforts to obtain assurances from the applicable
court or agency that such Confidential Information will be afforded
confidential treatment. As used herein, “Representatives” mean a Party’s
affiliates and each of their respective emplo yees, agents, contractors,
subcontractors, officers, directors, partners, shareholders, attorneys,
third-party advisors, successors and permitted assigns.
8. Indemnification. Client shall defend, indemnify, and hold
harmless Company and its affiliates and its and their respective members,
managers, officers, directors, employees, agents, successors, and
permitted assigns from and against all Losses (as defined herein) arising
out of or resulting from any third- party claim arising out of or resulting
from: (a) bodily injury, death of any person, or damage to real or tangible,
personal property resulting from the grossly negligent or willful acts or
omissions of Client; or (b) Client’s breach of any representation, warranty,
or obligation of Client in this Agreement. As used herein, “ Losses” mean
all losses, damages, liabilities, deficiencies, actions, judgments, interest,
awards, penalties, fines, costs, or expenses of whatever kind, including
reasonable attorneys’ fees and the cost of enforcing any right to
indemnification hereunder and the cost of pursuing any insurance
providers.
9. Representations and Warranties . Each Party represents and
warrants to the other Party that: (a) if an entity, it is duly organized, validly
existing and in good standing as a corporation or other entity as
represented herein under the laws and regulations of its jurisdiction of
incorporation, organization, or chartering, or, if a municipal agency, it has
the authority under the laws of its state of jurisdiction; (b) it has the full
right, power, and authority to enter into this Agreement, to grant the
rights and licenses granted hereunder, and to perform its obligations
hereunder; (c) the execution of this Agreement by its representative
whose signature is set forth at the end hereof has been duly authorized
by all necessary corporate action of the Party; and (d) when executed and
delivered by such Party, this Agreement will constitute the legal, valid,
and binding obligation of such Party, enforceable against such Party in
accordance with its terms.
10. Limited Warranty.
(a) Company warrants that it shall perform the Services:
(i) in accordance with the terms and subject to the conditions set out in
the respective Proposal and this Agreement; (ii) using personnel of
industry standard skill, experience, and qualifications; and (iii) in a timely,
| Village Of Allouez | 2/10/2026
workmanlike, and professional manner in accordance with generally
recognized industry standards for similar services.
(b) Company’s sole and exclusive liability and Client’s
sole and exclusive remedy for breach of this warranty shall be as follows:
i. Company shall use commercially
reasonable efforts to promptly cure any such breach; provided, that if
Company cannot cure such breach within a reasonable time (but no more
than thirty (30) days) after Client’s written notice of such breach, Client
may, at its option, terminate the Agreement by serving written notice of
termination in accordance with Section 12.
ii. In the event the Agreement is terminated
pursuant to Section 10(b)(i) above, Company shall within thirty (30) days
after the effective date of termination, refund to Client any fees paid by
Client as of the date of termination for the Service or Deliverables, less a
deduction equal to the fees for receipt or use of such Deliverables or
Service up to and including the date of termination on a pro-rated basis.
iii. The foregoing remedy shall not be
available unless Client provides written notice of such breach within thirty
(30) days after delivery of such Service or Deliverable to Client.
iv. COMPANY MAKES NO WARRANTIES
EXCEPT FOR THAT PROVIDED IN SECTION 10(a) ABOVE. ALL OTHER
WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
11. Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE
TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR
PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR
PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF
WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER
REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL COMPANY’S
AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED
THE AGGREGATE AMOUNTS PAID TO COMPANY PURSUANT TO THE
APPLICABLE PROPOSAL GIVING RISE TO THE CLAIM.
12. Term and Termination. This Agreement shall commence on the
effective date of the Proposal and shall continue thereafter (a) for the
term set forth in the Proposal or (b) if the term is silent, until the Services
are completed by Company, unless, in either case, earlier terminated by
either Party as set forth herein (the “ Term”). Upon commencement of
each Proposal, Client acknowledges and agrees that the fees owed by
Client to Company shall be subject to an annual increase equal to the
Consumer Price Index for All Urban Consumers (CPI-U); U.S. City Average;
All items, not seasonally adjusted, 1982 –1984=100 reference base, as of
such annual fee increase date, or 4%, whichever is greater. Either Party
may terminate this Agreement, effective upon written notice to the other
Party (the “ Defaulting Party ”), if the Defaulting Party: ( i) breaches
this Agreement, and such breach is incapable of cure, or with respect to a
breach capable of cure, the Defaulting Party does not cure such breach
within thirty (30) days aft er receipt of written notice of such breach; ( ii)
becomes insolvent or admits its inability to pay its debts generally as they
become due; ( iii) becomes subject, voluntarily or involuntarily, to any
proceeding under any domestic or foreign bankruptcy or insolvency law,
which is not fully stayed within seven (7) business days or is not dismissed
or vacated within forty -five (45) days after filing; (iv) is dissolved or
liquidated or takes any corporate action for such purpose; ( v) makes a
general assignment f or the benefit of creditors; or ( vi) has a receiver,
trustee, custodian, or similar agent appointed by order of any court of
competent jurisdiction to take charge of or sell any material portion of its
property or business. Termination of this Agreement will not
automatically terminate any outstanding Proposal, and the applicable
Proposal shall continue in full force and effect until (A) completion of the
Services set forth in the applicable outstanding Proposal (B) termination
of the applicable Proposal pursuant to additional terms set forth therein,
or (C) termination of the Proposal by the non-Defaulting Party.
13. Insurance.
(a) During the term of this Agreement, Client shall, at its
own expense, maintain and carry insurance with financially sound and
reputable insurers, in full force and effect that includes, but is not limited
to, commercial general liability on an all-risk basis and including extended
coverage for matters set forth in this Agreement with financially sound
and reputable insurers. Upon Company’s request, Client shall provide
Company with a certificate of insurance from Client’s insurer evidencing
the insurance cov erage specified in this Agreement. The certificate of
insurance shall name Company as an additional insured. Client shall
provide Company with thirty (30) days’ advance written notice in the
event of a cancellation or material change in Client’s insurance policy.
Except where prohibited by law, Client shall require its insurer to waive
all rights of subrogation against Company’s insurers and Company.
(b) During the term of this Agreement, Company shall,
at its own expense, maintain and carry the following types of insurance:
(i) Comprehensive General Liability with limits no less than one million
dollars ($1,000,000) per occurrence and two million dollars ($2,000,000)
in the aggregate; (ii) Excess Umbrella Liability with limits no less than five
million dollars ($5,000,000) per occurrence and five million dollars
($5,000,000) in the aggregate; (iii) Automobile Liability with limits no less
than one million dollars ($1,000,000), combined single limit; (iv) Worker’s
Compensation with limits no less than one million dollars ($1,000,000) per
occurrence; and (v) Errors and Omissions Liability with limits no less than
two million dollars ($2,000,000) per occurrenc e and two million dollars
($2,000,000) in the aggregate. Upon Client’s request, Company shall
provide Client with a certificate of insurance from Company’s insurer
evidencing the insurance coverage specified in this Agreement. The
certificate of insurance for the Comprehensive General Liability policy
shall name Client as an additional insured. Company shall provide Client
with thirty (30) days’ advance written notice in the event of a cancellation
or material change in Client’s insurance policy.
14. Entire Agreement. This Agreement, including and together with
any related Proposals, exhibits, schedules, attachments, and appendices,
constitutes the sole and entire agreement of the Parties with respect to
the subject matter contained herein, and supersedes all prior and
contemporaneous understandings, agreements, representations, and
warranties, both written and oral, regarding such subject matter.
15. Notices. All notices, requests, consents, claims, demands,
waivers, and other communications under this Agreement (each, a
“Notice”) must be in writing and addressed to the other Party at its
address set forth on the Proposal (or to such other address that the
receiving Party may designate from time to time in accordance with this
Section 15). Unless otherwise agreed herein, all Notices must be delivered
by personal delivery, nationally recognized overnight courier or certified
or registered mail (in each c ase, return receipt requested, postage
prepaid). Except as otherwise provided in this Agreement, a Notice is
effective only (a) on receipt by the receiving Party; and (b) if the Party
giving the Notice has complied with the requirements of this Section 15.
16. Severability. If any term or provision of this Agreement is found
by a court of competent jurisdiction to be invalid, illegal, or unenforceable
in any jurisdiction, such invalidity, illegality, or unenforceability shall not
affect any other term or provision of this A greement or invalidate or
render unenforceable such term or provision in any other jurisdiction.
17. Waiver. No waiver by any Party of any of the provisions of this
Agreement shall be effective unless explicitly set forth in writing and
| Village Of Allouez | 2/10/2026
signed by the Party so waiving. Except as otherwise set forth in this
Agreement, no failure to exercise, or delay in exercising, any right,
remedy, power, or privilege arising from this Agreement shall operate or
be construed as a waiver thereof, nor shall any single or partial exercise
of any right, remedy, power, or privilege hereunder preclude any other or
further exercise thereof or the exercise of any other right, remedy, power,
or privilege.
18. Assignment; Successors and Assigns . Client shall not assign,
transfer, delegate, or subcontract any of its rights or delegate any of its
obligations under this Agreement without the prior written consent of
Company. Any purported assignment or delegation in violation of this
Section 18 shall be null and void. No assignment or delegation shall relieve
Client of any of its obligations under this Agreement. Company may assign
any of its rights or delegate any of its obligations to any affiliate or to any
person acquiring all or substantially all of Company’s assets without
Client’s consent. This Agreement is binding on and inures to the benefit
of the Parties to this Agreement and their respective permitted successors
and permitted assigns.
19. Relationship of the Parties . The relationship between the
Parties is that of independent contractors. The details of the method and
manner for performance of the Services by Company be under its own
control, Client being interested only in the results thereof. Company shall
be solely responsible for supervising, controlling, and directing the details
and manner of the completion of the Services. Nothing in this Agreement
shall give Client the right to instruct, supervise, control, or direct the
details and manner of the completion of the Services. The Services must
meet Client’s final approval and shall be subject to Client’s general right
of inspection throughout the performance of the Services and to secure
satisfactory final completion. Nothing contained in this Agreement shall
be construed as creating any agency, partnership, joint venture, or other
form of joint enterprise, employment, or fiduciary relationship between
the Parties, and neither Party shall have authority to contract for or bind
the other Party in any manner whatsoever.
20. No Third- Party Beneficiaries . This Agreement benefits solely
the Parties to this Agreement and their respective permitted successors
and assigns and nothing in this Agreement, express or implied, confers on
any other person or entity any legal or equitable right, benefit, or remedy
of any nature whatsoever under or by reason of this Agreement.
21. Choice of Law . This Agreement and all related documents
including all exhibits attached hereto and all matters arising out of or
relating to this Agreement, whether sounding in contract, tort, or statute
are governed by, and construed in accordance with, the laws of the State
in which Client’s principal place of business in located, without giving
effect to the conflict of laws provisions thereof to the extent such
principles or rules would require or permit the application of the laws of
any jurisdiction o ther than those of the State in which Client’s principal
place of business in located.
22. Waiver of Jury Trial. EACH PARTY ACKNOWLEDGES THAT ANY
CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING
EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO
THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT
ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND
UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY
IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS
AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR
APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS
CONTEMPLATED HEREBY.
23. Force Majeure. No Party shall be liable or responsible to the
other Party, or be deemed to have defaulted under or breached this
Agreement, for any failure or delay in fulfilling or performing any term of
this Agreement (except for any obligations of Client to make payments to
Company hereunder), when and to the extent such failure or delay is
caused by or results from acts beyond the impacted Party’s (“ Impacted
Party”) reasonable control, including, without limitation, the following
force majeure events (“ Force Majeure Event(s) ”): (a) acts of God; (b)
flood, fire, earthquake, pandemics, epidemics, or explosion; (c) war,
invasion, hostilities (whether war is declared or not), terrorist threats or
acts, riot, or other civil unrest; (d) government order, law, or actions; (e)
embargoes or blockades in effect on or after the date of this Agreement;
(f) national or regional emergency; (g) strikes, labor stoppages, or
slowdowns, or other industrial disturbances; (h) telecommunication
breakdowns, power outages or sh ortages, lack of warehouse or storage
space, inadequate transportation services, or inability or delay in
obtaining supplies of adequate or suitable materials; and (i) other similar
events beyond the reasonable control of the Impacted Party. The
Impacted Party shall give notice within ten (10) days of the Force Majeure
Event to the other Party, stating the period of time the occurrence is
expected to continue. The Impacted Party shall use diligent efforts to end
the failure or delay and ensure the effects o f such Force Majeure Event
are minimized. The Impacted Party shall resume the performance of its
obligations as soon as reasonably practicable after the removal of the
cause. In the event that the Impacted Party’s failure or delay remains
uncured for a period of fifteen (15) days following written notice given by
it under this Section 23 , the other Party may thereafter terminate this
Agreement upon fifteen (15) days’ written notice.
24. Publicity. Unless the a Party provides the other Party with
written notice to the contrary or of any reasonable restrictions or
requirements, such Party acknowledges and agrees that the other Party
shall have the right to use such Party’s name, likeness, and logos in any
digital, online, and printed publicity or marketing materials prepared by
the other Party and in presentations to current or prospective clients and
others.
Appendix
Specific Qualifications & Experience
HydroCorp™ is a professional service organization that specializes in Cross Connection Control Programs. Cross Connection Control
Program Management & Training is the main core and focus of our business. We are committed to providing water utilities and local
communities with a cost-effective and professionally managed cross-connection control program in order to assist in protecting the
public water supply.
| Village Of Allouez | 2/10/2026
• HydroCorp conducts over 110,000 Cross Connection Control Inspections annually.
• HydroCorp tracks and manages over 135,000+ backflow prevention assemblies for our Municipal client base.
• Our highly trained staff works in an efficient manner in order to achieve maximum productivity and keep program costs
affordable. We have a detailed system and process that each of our field inspectors follow in order to meet productivity and
quality assurance goals.
• Our municipal inspection team is committed to providing outstanding customer service to the water users in each of the
communities we serve. We teach and train customer service skills in addition to the technical skills since our team members
act as representatives of the community that we service.
• Our municipal inspection team has attended training classes and received certification from the following recognized Cross
Connection Control Programs: UF TREEO, UW-Madison, and USC – Foundation for Cross Connection Control and Hydraulic
Research, American Backflow Prevention Association (ABPA), American Society for Sanitary Engineering (ASSE). HydroCorp
recognizes the importance of Professional Development and Learning. We invest heavily in internal and external training with
our team members to ensure that each Field Service and Administrative team member has the skills and abilities to meet the
needs of our clients.
• We have a trained administrative staff to handle client needs, water user questions and answer telephone calls in a
professional, timely, and courteous manner. Our administrative staff can answer most technical calls related to the cross -
connection control program and have attended basic cross-connection control training classes.
• HydroCorp currently serves over 550 communities in Michigan, Wisconsin, Minnesota, Maryland, Delaware, Virginia, California,
Idaho, Utah & Florida. We still have our first customer!
• HydroCorp and its’ staff are active members in many water industry associations including: National Rural Water Association,
State Rural Water Associations, National AWWA, State AWWA Groups, HydroCorp is committed to assisting these organizations
by providing training classes, seminars, and assistance in the area of Cross Connection Control.
• Several Fortune 500 companies have relied on HydroCorp to provide Cross Connection Control Surveys, Program Management
& Reporting to assist in meeting state/local regulations as well as internal company guidelines.
Source: Village of Allouez website. First collected Oct 15, 2026.