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HomeMy WebLinkAboutAgreement_General_3/12/2026_HydroCorp, Inc. Docusign Envelope ID: E943E4BC-8BA8-40F4-A784-8F8379E2CD9E VILLAGE OF TEQUESTA AGREEMENT FOR INSPECTION AND MAINTENANCE OF BACKFLOW PREVENTERS THIS AGREEMENT for inspection and maintenance offbackflow preventers is entered into and effective this L':�_ day of ffioa h , 40�y and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of the State of Florida,hereinafter"the Village";and Florida Hydrocorp,INC.,a Florida corporation, authorized to do business within the State of Florida with corporate offices located at 33-C Suntree Place, Melbourne, FL 32940, hereinafter"the Contractor", and collectively with the Village, "the Parties". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties,hereby agree as follows: 1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the Contractor shall provide inspection and maintenance backflow preventer services as needed by the Village. The Parties agree to enter into this Agreement and piggyback for the pathway and minor construction services at the unit prices described in the City of Cape Coral Agreement awarded through City of Cape Coral Bid#: BPW2336MM. Said contract,including its terms,conditions,specifications,and attached exhibits/amendments,are hereby fully incorporated into this Agreement and attached hereto as Exhibit"A". 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be pursuant to the unit prices provided in Exhibit "A". The Parties hereby agree to the Village's purchase of supplies and/or services in greater or lesser amounts than estimated in the City of Cape Coral Agreement awarded through City of Cape Coral Bid #: BPW2336MM, as referenced by the proposal in Exhibit"A". In consideration for the above Scope of Services and pursuant to any Exhibits, if applicable, the Village shall pay the Contractor at the unit prices as described in Exhibit"A".The goods or services shall be delivered on a per-order basis in a time, manner,and location acceptable to the Village the"Performance Date." Page 1 of 8 Docusign Envelope ID:E943E4BC-8BA8-40F4-A784-8F8379E2CD9E 3. CHANGE ORDERS: Seller is aware that price and time are of the essence in this contract and that prompt and timely performance of all such obligations is strictly required. If conditions change that would require an increase in price, scope, or time for performance Seller must notify the Village in writing detailing the conditions that have changed and requesting a change order to the contract within 30 days prior to the performance date "Change Order Deadline". Change orders submitted after the change order deadline will not be considered. Seller shall not proceed with any change to its obligations under a change order request unless documented in a Change Order executed by both Parties. If Seller requests a change order prior to the change order deadline Village at its discretion may accept the change order as is or with modifications, deny the change order, re-advertise and re-solicit providers for the required goods or services or terminate this contract.If the Village elects to re-advertise and re-solicit the need for goods or services the Village will have 30 days "Solicitation Period" in which to accept the contemplated change order or terminate this contract. At any time after execution of this Agreement but prior to Seller's delivery of the Goods,the Village reserves the right at its discretion to change, modify, revise add, or remove any part of its order for the Goods as described by this Agreement and any Exhibits, if applicable. If any such change to the Village's order causes an increase or decrease in the cost of the Goods or causes a change in the time required for delivery of the Goods, the Village shall make an equitable adjustment in the contract price, the delivery schedule, or both. Any change to the Village's order for the Goods and any subsequent equitable adjustment to the terms of this Agreement shall be effectuated through a written Amendment to this Agreement as executed by both Parties pursuant to Section 15. of this Agreement. 4. TERM; TERIVIINATION; NOTICE: Pursuant to the City of Cape Coral Agreement awarded through City of Cape Coral Bid#: BPW2336MM,the original contract term will expire on May 19th, 2028. This agreement has the option for two (2) additional one (1) year renewal periods. No extension to this agreement shall be binding unless made via subsequent amendment signed by both parties. This Agreement may be terminated by either party upon 30 days written notice to the other party.Notice shall be considered sufficient when sent by certified mail or hand-delivered to the Parties during regular business hours at the following addresses: Page 2 of 8 Docusign Envelope ID:E943E4BC-8BA8-40F4-A784-8F8379E2CD9E Village Contractor Village of Tequesta Florida Hydrocorp, INC. 345 Tequesta Drive 33-C Suntree Place Tequesta,FL 33469-0273 Melbourne, FL 32940 Attn: Utilities Director 5. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified in Exhibit"A" and shall name the Village as an"additional insured"on the liability portion of the insurance policy. 6. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Village,its agents,servants,and employees,from and against any claim,demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct,or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28,Florida Statutes. 7. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six(36)months immediately preceding the date hereof.This notice is required by Section 287.133(3)(a),Florida Statutes. 8. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agree that this Agreement is not a contract for employment and that no relationship of employee-employer or principal-agent is or shall be created hereby,nor shall hereafter exist by reason of the performance of the services herein provided. 9. INSPECTOR GENERAL: Pursuant to Sections 2-421-2-432 of the Palm Beach County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate municipal matters,review and audit municipal contracts,and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or Page 3 of 8 Docusign Envelope ID: E943E4BC-8BA8-40F4-A784-8F8379E2CD9E investigations.All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 10. E-VERIFY ELIGIBILITY. The Contractor warrants and represents that it is in compliance with Section 448.095,Florida Statutes, as may be amended. No later than January 1, 2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers, and (2) verify that all of the Contractor's subconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. The Contractor shall obtain from each of its sub-consultants an affidavit stating that the sub-consultant does not employ,contract with,or subcontract with an Unauthorized Alien,as that term is defined in Section 448.095(1)(k),Florida Statutes,as may be amended. The Contractor shall maintain a copy of any such affidavit from a sub-consultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period. The Village shall terminate this Agreement if it has a good faith belief that the Contractor has knowingly violated Section 448.09(1),Florida Statutes, as may be amended. If the Contractor has a good faith belief that the Contractor's subconsultant has knowingly violated Section 448.09(1),Florida Statutes,as may be amended, the Village shall notify the Contractor to terminate its contract with the sub-consultant and the Contractor shall immediately terminate its contract with the sub-consultant. In the event of such contract termination,the Contractor shall be liable for any additional costs incurred by the Village as a result of the termination. 11. SCRUTINIZED COMPANIES: For Contracts under $IM, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes and that it is not engaged in a boycott of Israel. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section Page 4 of 8 Docusign Envelope ID: E943E4BC-8BA8-40F4-A784-8F8379E2CD9E 215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over $lM,the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel and that it does not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this Agreement at the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes. 12. ATTORNEY'S FEES: In the event, a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 13. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement if such failure arises out of causes reasonably beyond the control of the Contractor or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; acts of war; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. 14. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 15. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both parties; no modifications shall be made to this Agreement unless in writing,agreed to by both parties,and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Village. 16. PUBLIC RECORDS: In accordance with Section 119.0701,Florida Statutes,the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon Page 5 of 8 Docusign Envelope ID:E943E4BC-8BA8-40F4-A784-8F8379E2CD9E request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119,Florida Statutes. A Contractor who fails to provide the public records to the Village,or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701,Florida Statutes,and other penalties under Section 119.10,Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in Scope of Services are not disclosed except as authorized by law for the duration of the Agreement term,and following completion of the Agreement if the Contractor does not transfer the records to the Village.Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor,or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village,upon request from the Village's custodian of public records,in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmmilliamsAteguesta.m OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 17. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. Page 6 of 8 Docusign Envelope ID:E943E4BC-8BA8-40F4-A784-8F8379E2CD9E 18. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 19. WAIVER: No waiver by the Village of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Village's consent to or approval of any act requiring the Village's consent or approval of any act by the Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 20. ENTIRE AGREEMENT: This eight page Agreement, including any Exhibits, constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing,agreed to by both parties and attached hereto as an addendum to this Agreement. In the event of a conflict between this and any other document, this document shall prevail. 21. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf of either Party warrants that he or she has the full legal power to execute this agreement on behalf of the Party for whom he or she is signing and bind and obligate such party with respect to all provisions contained in this agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] Page 7 of 8 Docusign Envelope ID:E943E4BC-8BA8-4OF4-A784-8F8379E2CD9E IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: FLORIDA HYDROCORP, INC 'r I�� DxuSigned by: C�% BCF4E48EB2844DA.. By(Print): Jim Wagener —DocuSigned by: (Corporate Seal) VILLAGE OF TEQUESTA ,0 F T-,,,,,,,,,,,, n sv VO�PCR��F �= => SEAL D '-...INCORPORATED.., By: Molly Young, ayor ATTEST: ` ( `�C�N ... E4, F0 � ` I lti Lori McWillams,MMC Village Clerk Page 8 of 8 EXHIBIT A � U SERVICE AGREEMENT OUR SERVICES Cross-Connection DEVELOPED FOR Control Prog ams Dennis Rick Backflow Preventer Village of Tequesta, FL ® Test Tracking Water Meter 345 Tequesta Dr Replacement&Testing P.O.Box 3474 Piping Schematics Tequesta, FL, 33469-3474 . Water Quality 10/16/2025 Management&Sampling PROTECTING PEOPLE, WATER, & CRITICAL PIPING INFRASTRUCTURE Corporate Office For more than four decades, HydroCorp has been dedicated 5700 Crooks Road, Suite 100 to advancing drinking water safety, compliance, and Troy, M148098 sustainability nationwide. Specializing in cross-connection 844-493-7646 control, backflow prevention, and detailed piping system schematics, HydroCorp integrates technology with deep ` info@hydrocorpinc.com industry expertise to streamline on-site activities, customer a hydrocorpinc.com service, and data management. Statement of Work HydroCorp"will provide the following services to the Village of Tequesta, FL.This project is a continued effort for an ongoing Cross Connection Control and Backflow Testing Program and will provide the Village of Tequesta, FL with the necessary data and information to maintain compliance with the Florida Department of Environmental Protection Cross Connection Control Regulations. Once this project has been approved and accepted by the Village of Tequesta, FL and HydroCorp,you may expect completion of the following elements within an 36 month period.The components of the project include: 1.1 Provide on-going management of the backflow prevention program. 1.2 Maintain all data on an online system that enables CITY staff to monitor and generate reports as desired. 1.3 Provide full-time,toll-free phone support for customer questions by an ASSE trained staff member. The phone will be staffed during regular business hours,Monday through Friday. After-hours calls are directed to an answering service with staff trained to handle our calls. 1.4 Coordinate and manage the testing of all testable backflow prevention devices in accordance with Florida Department of Environmental Protection requirements. Services include on-site testing, test failure notification, installation requirement notifications, receipt of executed test reports, and maintenance of all testing data. HydroCorp will prepare a bid for local contractors to establish pricing and credentials for testing all testable assemblies.HydroCorp will coordinate with the lowest bidders to test all backflow assemblies. Facilities will be tracked to ensure compliance with testing requirements. Testers will be provided with test tags to indicate the year they were tested. 1.5 Provide spot checks for device testers. HydroCorp will visually inspect tested assemblies for the presence of the current test tag and for verification of field data gathered by a certified tester. 1.6 Assist with preparing an initial mailing,by the city,to all customers to advise/educate them on the new CCC testing program. 1.7 Provide progress review meetings with the Utility's designated representative to discuss the program status and specific recommendations as requested. 1.8 The cost below includes all"time and travel"expenses for the entire project. 1.9 HydroCorp will provide a staff member to coordinate all activities with contractors for testing,repair,replacements,and new installations. 1.10 Provide Quality Control services for subcontractors to ensure proper workmanship and competitive pricing to customers. 1.11 Provide an annual report summarizing all data generated throughout the year.The Florida Department of Environmental Protection(FDEP) Annual Report, if applicable, will be completed and ready for submission, along with all backup data. Test reports for the year will be available to download for long-term storage and ease of data management and retrieval. 1.12 All services will be coordinated through our proprietary software, HydroSoft. HydroSoft is a web-based software that enables inspectors and testers to automatically synchronize data generated in the field via the World Wide Web. Synchronization is achieved wirelessly from the field via the Web. HydroCorp will provide inspectors and/or testers with online queues for uploading and downloading data files. All data gathering and transference will be paperless.HydroSoft can generate customized reports based on any available data set. Village of Tequesta,FL 1 10/16/2025 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. • 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: OF TREED, 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. Village of Tequesta,FL 1 10/16/2025 City of Cape Coral Inspect and Maintain Backflow Preventers Contract#. BPW2336MM Judicial Circuit, in and for Lee County, Florida. In the event of any litigation arising out of this Contract, each party shall be responsible to payfor its own reasonable costs and attorney's fees. 11 Amendments: No Amendments or variation of the terms or conditions of this agreement shall be valid unless in writing and signed by the parties. 12. Payment Procedures: CITY shall make payment and Contractor(s) shall be in receipt of all sums properly invoiced within thirty (30) days of the CITY's receipt of such invoice unless, within a fifteen (15) day period, CITY notifies Contractor(s) in writing of its objection to the amount of such invoice, together with CITY's determination of the proper amount of such invoice. CITY shall pay any undisputed portion of such invoice within such thirty (30) day period. If CITY shall give such notice to the Contractor(s) within such fifteen (15) day period, such dispute over the proper amount of such invoice shall be resolved, and after final resolution of such dispute, CITY shall promptly pay the Contractor(s)the amount so determined, less any amounts previously paid by CITY with respect to such invoice. In the event it is determined that CITY has overpaid such invoice, the Contractor(s) shall promptly refund to the CITY the amount of such overpayment Payments by Electronic Funds Transfer: All payments made by the City of Cape Coral will be made by Direct Deposit (ACH) via electronic funds transfer. Paper checks will no longer be issued to new vendors. Every new vendor must register for direct deposit with the City by providing a "Vendor Authorization Agreement for Electronic Funds Transfer" form (ACH Form) to the City's Financial Services Accounting Division. It is strongly encouraged for current vendors to register for direct deposit with the City via Direct Deposit (ACH) Electronic Funds Transfer form. The form may be accessed on the City of Cape Coral website at: https://www.capecoral.gov/document center/Finance/Electronic Funds Transfer Form.pdf Please contact the Procurement Division at the number shown on this solicitation document herein as the first point of contact for more information. The link below will take you to the City of Cape Coral vendor Registration page: https://www.capecoral.gov/department/financial services/procurement/vendor registration.php Suppliers submitting a response to any solicitation are not required to be registered vendors or set up EFT payment prior to submitting their response. Suppliers do need to become register vendors and have the EFT payment form in place prior to the award of any contract. 13. Contractor's Representations: In order to induce CITY to enter into the Agreement CONTRACTOR makes the following representations: CONTRACTOR has been familiarized with the Contract Documents and the nature and extent of the work required to be performed, locality, local conditions, and Federal, State, and Local laws, ordinances, rules and regulations that in any manner may affect costs, progress or performance of the work. CONTRACTOR has made or caused to be made examinations, investigations and tests and studies as deemed necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. CONTRACTOR has given CITY written notice of all conflicts, errors or discrepancies that have been 2 City of Cape Coral Inspect and Maintain Backflow Preventers Contract#: BPW2336MM b. Comprehensive General Liability' Shall have minimum limits of$1,000,000 per occurrence, combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and/or Operations, Independent Contractors and Products and/or Completed Operations, Broad Form Property Damage, and a Contractual Liability Endorsement. c. Commercial Auto Liability: Shall have minimum limits of$1,000,000 per occurrence. Combined Single Limit for Bodily Injury and Property Damage Liability. This shall include Owned Vehicles, Hired and Non- Owned Vehicles, and Employees' Non-Ownership. d. Certificate of Insurance: The City of Cape Coral is to be specifically included as an additional insured on the General Liability policy and the contract number(BPW2210MM) shall be listed under the comments section. This does not pertain to Workers' Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued thirty (30) days prior to said expiration date. The policy shall provide a 30-day notification clause in the event of cancellation or modification to the policy. The City of Cape Coral shall be named on the COI as additional insured on the General Liability. This does not pertain to Workers' Compensation. The Project Name and Number to also be listed. (Inspect and Maintain Backflow Preventers - BPW2336MM) Unless otherwise specified, it shall be the responsibility of the contractor to ensure that all subcontractors comply with the same insurance requirements spelled out above. All certificates of insurance must be on file with and approved by the City of Cape Coral before the commencement of any work activities 21. Safety and OSHA Compliance: A, The Contractor shall comply in all respects with all Federal, State and Local safety and health regulations. Copies of the Federal regulations may be obtained from the U.S. Department of Labor, Occupation Safety and Health Administration (OSHA), Washington, DC 20210 ortheir regional offices. B The Contractor shall comply in all respects with the applicable Workman's Compensation Laws. 22. Annual Appropriation Contingency: Pursuant to Florida Statute §166.241, the City's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the City Council. This Contract is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded,with proper notice, at the discretion of the City if the City Council reduces or eliminates appropriations. 23. Immigration Affidavit Certification and E-Verify Validation: As a condition precedent to entering into this AGREEMENT, and in compliance with The Immigration and Nationality Act (INA), 8 U.S.C. Section 1324a(e) Section 274A(e) and Florida Statute State Section §448.095, Contractor or Consultant and their subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. The Employment Eligibility Verification System (E-Verify), is operated by the Department of Homeland Security in partnership with the Social Security Administration. The following conditions must be met by all Contractors, Consultants and Subcontractors. a. Contractor or Consultant shall require each of its subcontractors to provide them with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien 4 City of Cape Coral Inspect and Maintain Backflow Preventers Contract#: BPW2336MM IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed, by their duly authorized officials this Contract in one counterpart which shall be deemed an original on the date last signed as below written. ATTEST: CITY: CITY OF CAPE CORAL FLORIDA'' Signature: Signature: ZZ/ &49 Typed Name: Kimberlv Br CIVIC Typed Name: Wanda Roop, CPPO Title: GW Clerk Title: Procurement Manager Date: 9 2�2i3 CITY LEGA EVIEW: I VTb s For Dolor s Menendez Date City Attorney CONTRACTOR: FLORID ROC RP Signature: Print Name: 7T-La_, k- 7 Yi-ate-rt Title: r,5,17 Date: J U 6 Page 1 O Table of Contents 1. EXECUTIVE SUMMARY.............................................................................................................2 1.1. Summary of proposed Scope of Work..............................................................................2 1.2. Cost Breakdown................................................................................................................5 2. QUALIFICATIONS......................................................................................................................6 2.1. HydroCorp,The Safe Water Authority..............................................................................6 2.2. Industry Leadership..........................................................................................................7 2.3. References........................................................................................................................7 3. STAFF BIOS...............................................................................................................................8 4. SECURE DATA AND WATER CUSTOMER CARE PROCESS........................................................10 4.1. Program Data: ................................................................................................................10 4.2. Live Program Data Access for Designated Water Purveyor Staff....................................11 4.3. Annual Backflow Prevention Assembly Testing Record Tracking....................................12 4.4. Customer Service/Public Awareness Toolkit.................................................................13 APPENDIX B—PROGRAM WORKFLOW .........................................................................................15 APPENDIXC- Repair Pricing.....................................................................................................................16 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com Page 3 O 6. Coordinate and manage the testing of all testable backflow prevention devices in accordance with FDEP requirements. Services include on-site testing, test failure notification, installation requirement notifications, receipt of executed test reports, and maintenance of all testing data. HydroCorp will prepare a bid for local contractors to establish pricing and credentials for testing all testable assemblies. HydroCorp will coordinate with the lowest bidders to test all backflow assemblies. Facilities will be tracked to ensure compliance with testing requirements.Testers will provide test tags to indicate the year they were tested. 7. Testing contractors will be capable of field service, replacement, or repair for any BPA in the CITY system. Testing and repair work will be completed following ASSE orTREEO guidelines. 8. Inspections/Testing will include, at a minimum: a. Testing of all BPA's to determine whether it is in service and in satisfactory condition b. Identify any condition that could potentially compromise the performance of any components of the BPA c. Identify if the BPA is installed properly, note the general condition,and accessibility. d. Take a photo of every BPA after testing with date and time stamp. e. Obtain GPS location of every BPA and install completed test tag. 9. Provide spot checks for device testers. HydroCorp will visually inspect tested assemblies for the presence of the current test tag and for verification of field data gathered by a certified tester. 10. Assist with preparing an initial mailing,by the City,to all customers to advise/educate them on the new CCC testing program. 11. Provide progress review meetings with the Utility's designated representative to discuss the program status and specific recommendations as requested. 12. The cost below includes all "time and travel" expenses for the entire project. 13. HydroCorp will provide a staff member to provide the CITY training and coordination at the time of project start-up. This staff member will be the program manager and remain available throughout this project to maintain effective communication between the CITY staff and HydroCorp. HydroCorp will ensure that the hired testing contractor is ASSE or TREEO certified for day-to-day on-site needs, quality control, communications, and compliance assistance and to provide overall effective communications between CITY staff, HydroCorp, and customers. 14. HydroCorp will provide a staff member to coordinate all activities with contractors for testing, repair, replacements,and new installations. Hydro staff will remain available to CITY for Zoom or On-Site meetings as requested. 15. Provide Quality Control services for subcontractors to ensure proper workmanship and competitive pricing to customers. 16. Provide an annual report summarizing all data generated throughout the year. The FDEP Annual Report will be completed and ready for submission,along with all backup data. Test reports for HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com Page 5 O 1.2. Cost Breakdown Project Name: Cross-Connection Control Program Services Clie k Contact: Project Code: BPW2336MM Proposa 'Date: April 5,2023 Valid Through: June 30, 2023 Prep red By: Larry LaBute Invoice method:HydroCorp will invoice the CITY monthly for the device testing services completed during the preceding month. The invoice will include an electronic listing of addresses that have had their assembly(s)tested. The invoice will equal the number of assemblies tested multiplied by the agreed-upon testing charge. Cost Breakdown Project Items Cost Annual Fee for Device Test Management: $495.00 External Site Inspection Fee: $25.00 per Inspection(if requested) Fire System Backflow Prevention Assembly Testing Fee $150.00 each Backflow Prevention Assembly Testing Fee(Domestic&Fire line By-Pass) $70.00 each Totals:(24)Fire BPA @$150/test $3,600.00 (132)Domestic BPA @$70/test $9240.00 Total Annual Testing Fee(based upon Exhibit A) $12,840.00 Ongoing availability to advise on Cross-Connection Control No Charge Project scheduling/acceptance will commence upon receipt of a Purchase Order to: HydroCorp—Main Office 5700 Crooks Road/Suite 100 Troy,MI 48098 Federal Tax I.D.#38-2810008 Florida Office: 10 S. Harbor City Blvd. Melbourne,FL 32901 Submitted by: Larry LaBute 1 248-981-69811 Ilabute@hydrocorpinc.com X HydroCorp Representative (Signature) Date Accepted by: X Representative (Signature) Date HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com Page 7 6 2.2. Industry Leadership With over 400 municipal clients and for over 40 years, HydroCorp has succeeded in improving health and safety,reducing risk,cutting operational costs,and increasing efficiencyfor its clients,earning their trust and allegiance. HydroCorp has a 98 percent retention rate among its municipal clients and a virtually unmatched level of customer satisfaction. HydroCorp is fully committed to the principles and practices that made it a success: Expertise,commitment,knowledge,and service. Health & Safety 1 J WaterAr CCC Eliminate Quality PROGRAM Plumbing Assurance BENEFITS Hazards r � Regulatory Compliance jr 2.3. References a. City ,of Lake City, Mike Osborn—Utility Superintendent 386.466.33S2 osbornm@lcfla.com b. City of Titusville, Doug Larkins —Program Coordinator 321.567.3887 doue.larkins@titusville.com c. City of West Melbourne Mark Piccirillo—Public Works Director 321,727.3710 mpiccirillo@westmelbourne.orQ d. City of Cooper City, Mike Stanton—DPW Supervisor 954.434.5519 mstanton@coopercityfl.ore HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com Page 9 O Staff Bios(continued) Dave Cardinal, Vice President of Operations. Dave is a seasoned operations professional with over twenty-eight years of experience in the water industry. He has a successful record of accomplishments in the cross-connection control industry. He is experienced in program development, project management, developing and conducting employee education and training programs, developing and instructing State certified education and training classes, quality assurance, customer service, and client satisfaction. As Vice President of HydroCorp, Dave oversees business practices, field operation procedures, and administrative functions related to cross-connection control program management and meter installation projects. He works closely with the executive team to develop and execute the company's strategic plan and is responsible for driving operational excellence throughout the organization. He has assisted with developing State certified training programs in Michigan and Wisconsin and has trained members of the Michigan Department of Environment Great Lakes and Energy, Michigan Department of Health, Wisconsin Department of Natural Resources, municipal employees, plumbers,and miscellaneous contractor employees. He has been a guest speaker at many conferences and training seminars. Connect with Dave on Linkedln: www.linkedin.com/in/dcardinal/ ilRyan Hensley, Administrative Account Manager — Municipal Division. As an Administrative Account Manager, Ryan is responsible for providing administrative support to field surveyors, regional managers, and division directors with all components associated with managing a comprehensive cross-connection control program and providing the highest level of customer service to our municipal clients. Ryan has been a member of the HydroCorp team for over 18 years and is an ASSE 5150 certified Backflow Prevention Program Administrator. Program Administrators/Field Inspectors/Surveyors/Technicians HydroCorp invests continuously in educational training and development of its team members. All the HydroCorp Field Inspectors assigned to this project are certified in Cross-Connection Control Surveying and Backflow Prevention Program Management through one of the following programs: ? ItIv.USC Unnrnity of Souncem Cali#omiaEEO q sy fir, .......«o..�......4.,:•. .;���p CENTER `,,„����....�. ..........�.. o� o` N t YYISCOMN 47,Ass�C HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com Page 11 O 4.2. Live Program Data Access for Designated Water Purveyor Staff Main Dashboard Example O OeM.od �—� X ii.f ,r aP..,. - NEI aN . «��.r.�.... ONC."Ad IMF w .ao.sf«a 20 70 --- Tesb . .: ® 0 .0 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com Page 13 O 4.4. Customer Service/Public Awareness Toolkit HydroCorp has an extensive customer service call center to answer incoming telephone calls from water users. The call center is staffed from 8:00 AM — 5:00 PM MON-FRI. Most program calls and questions can be answered by one of our representatives. Our field staff also carry tablets and smartphones to respond promptly to customer-related issues. Preventing backflow contamination and ensuring the functionality of backflow prevention assemblies is a team effort between building owners and the water purveyor. Informing local water customers and building owners affected by the Cross-Connection Control (CCC) program is essential for program success and compliance. The intended audience of these resources is the end user, Water Customer,Occupant, and/or Owner. Public Awareness Toolkit includes: 1. Common Definitions and Code references. 2. Sample CCC Program Announcement Letter(applies only to new program clients). 3. Online video explaining the Cross-Connection Control Program. 4. Digital Tri-Fold Educational Brochure (printed versions available for a fee). 5. Pre-written Social Media posts/links. 6. Technical images for use on Utility/City websites and Social Media posts. 7. Web Page hosted by HydroCorp. Public Testing Compliance Awareness V'_� Q k`,.,.✓ A Taster potential Record Coordination Corrective Action Keeping HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793,7646 www.hydrocorpinc.com Page 15 APPENDIX B- PROGRAM WORKFLOW �-C:',JICIPAI Sr7RV1,- r7S DRAMATICALLY REDUCE: HYDR6COST — � r; r AND HASSLE OF TMi fnI[tY�Tiw AY TMOwIT Y_ BACKFLOW PREVENTION HOW IT WORKS: utility fxmndes MydroCorp writ,wstw w acom"lnfatmaaon i F i -JAB -lyd�oiorp tranfh.�s tlWlty dn[aGuw utfwnration Irtn Hydra"-wctn based safrware Cross-connection control programs ere a necessary-yet unfunded- burdeR mandated try the state to protect drinking water from outside contamination.For uldftles that ouisource their backflow prevention program, - the functional burden Is reduced.But the financial burden remains. Hyoraco p ubtarts olds loom lac t—maawo nor tasting of backtiow p,e ntlw assanla ee Until now.HydroCorp-The Safe WaterAuthortty'-brings Florida utilities an optimized backfiow prevention program management system that Is quick convenient and complete.It practically eliminates costs to the utility. It ensures compllance with testing reciLirernertts.ft minimizes costs to the HydroCorp pm WN ASSE and TREED c tined consumer.And it removes the hassle,for both the customer and the utility staff for program martagfmartt oversight.No coordinntlon of all activaios for tesllry.ropak. teplix[mwn and nave Irmtoluttiarn of assambll" A HYDROCORP PROCRAM DELIVERS: armoring cormklaM procedu and propar kerning and insurance Increased Staff Efficiencies • Reduced Cost to Water Utlltty Reduced Testing Cost to Writer User Assured Regulatory Compliance Hy bw.orp pravtacn a goi—al^fomla°w"t manor along with web sao pibli-,dwabnr On-Dcvnand Program Tracking and Repomng clot xs No Software or Hardware to Purchase On-Line Software for Utility Personnel to Use for Field Inspections, New Customer Data Entry,and Customer Updates • Roduced Risk of Beckflow Inciderl rydroCorp prwndei nntival topaz uo—vlun r Professional Program Management and Oversight ea data and ri"grim contpli.mo rrb rnatm, Consistent Program and Testing Costs Convenient Billing for Water User EASY E-FICIENT. AND CUSTOMIZED Utery Nangagtaed-uponorogntm la"to wabm consurtt n on utility big More than 30 years of cross-connection control expertise means we know true needs of utIlltes-of all shapes and sizes-and we tailor out services to match those needs precisely.Including options for ree poymer,t • Fee added to the monthly water bill • One-time charge on the water bill , Separate bill to the consumer.monthly or yearly • t HydroCorp Headquarter 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com