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HomeMy Public PortalAbout2023 Professional Services AgreementDocuSign Envelope ID: 01 BDDU6F-0767-49EB-5253-E5C0787F5056 DocuSlgn Envelope ID 36DF2380-FDO6-4FF6-AF88.6AA793456589 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND ABTECH INDUSTRIES, INC. 3/1/2023 3AW GREEMENT (this "Agreement") is made effective as of the day of 2023 (the "Effective Date"), by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation, (the "Village"), and ABTECH INDUSTRIES, INC., a Delaware corporation (the "Consultant"). WHEREAS, the Village desires certain professional environmental consulting services; and WHEREAS, the Consultant will perform services on behalf of the Village, all as further set forth in the Proposal dated November 9, 2020, attached hereto as Exhibit "A" (the "Services"); and WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a fee for the Services; and WHEREAS, the Village desires to engage the Consultant to perform the Services and provide the deliverables as specified below. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Consultant and the Village agree as follows: 1. Scope of Services. 1.1. Consultant shall provide the Services set forth in the Proposal attached hereto as Exhibit "A" and incorporated herein by reference (the "Services"). 1.2. Consultant shall furnish all reports, documents, and information obtained pursuant to this Agreement, and recommendations during the term of this Agreement ("Deliverables") to the Village. 2. Term/Commencement Date. 2.1. The term of this Agreement shall be from the Effective Date through one (1) year thereafter, unless earlier terminated in accordance with Paragraph 8. 2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services within the term of this Agreement, unless extended by the Village Manager. 3. Compensation and Payment. Contract No. Page 1 of 10 DocuSign Envelope ID: (11BDDC6F-0767-49EB-6253-E5C0787F5056 0ocuSign Envelope ID: 36DF2380-FD06-4FF6-AFBB-6AA7934565B9 3.1. Compensation for Services provided by Consultant shall be in an amount not to exceed $123,500 in accordance with the Proposal attached hereto as Exhibit "A." 3.2. Consultant shall deliver an invoice to Village no more often than once per month detailing Services completed and the amount due to Consultant under this Agreement. Fees shall be paid in arrears each month. pursuant to Consultant's invoice, which shall be based upon the percentage of work completed for each task invoiced. The Village shall pay the Consultant in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the Village Manager. 33. Contractor's invoices must contain the following information for prompt payment: 3.3.1. Name and address of the Consultant; 3.3.2. Purchase Order number; 3.3.3. Contract number; 3.3.4. Date of invoice; 3.35. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers will be rejected); 3.3.6. Name and type of Services; 3.3.7. Timeframe covered by the invoice; and 3.3.8. Total value of invoice. Failure to include the above information will result in the delay of payment or rejection of the invoice. All invoices must be submitted electronically to payables(keybiscavne.fl.gov. 4. Subconsultants. 4.1. The Consultant shall be responsible far all payments to any subconsultants and shall maintain responsibility for all work related to the Services. 4.2. Consultant may only utilize the services of a particular subconsultant with the prior written approval of the Village Manager, which approval may be granted or withheld in the Village Manager's sole discretion. The Village Manager shall approve or disapprove of any subconsultant(s) proposed by the Consultant in a timely manner. 5. Village's Responsibilities. 5.1. Village shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the Village, and provide criteria requested by Consultant to assist Consultant in performing the Services. Contract No. Page 2 of 10 DocuSign Envelope ID: 01BDDC6F-D767-49EB-8253-E5C0787F5056 DocwSign Envelope ID: 36DF2380-FD06-4FF6-AF8B-8AA7934565B9 5.2. Upon Consultant's request, Village shall reasonably cooperate in arranging access to public information that may be required for Consultant to perform the Services. 6. Consultant's Responsibilities; Representations and Warranties. 6.1. The Consultant shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a consultant under similar circumstances. If at any time during the term of this Agreement or within two (2) years from the completion of this Agreement, it is determined that the Consultant's Deliverables or Services are incorrect, not properly rendered, defective, or fail to conform to Village requests, the Consultant shall at Consultant's sole expense, immediately correct its Deliverables or Services. 6.2. The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws applicable to and necessary to perform the Services for Village as an independent contractor of the Village. Consultant further warrants and represents that it has the required knowledge, expertise, and experience to perform the Services and carry out its obligations under this Agreement in a professional and first class manner. 6.3. The Consultant represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Consultant have been duly authorized, and this Agreement is binding on Consultant and enforceable against Consultant in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. Conflict of Interest. 7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the Village in connection with the performance of the Services. 8. Termination. 8.1. The Village Manager, without cause, may terminate this Agreement upon thirty (30) calendar days' written notice to the Consultant, or immediately with cause. 8.2. Upon receipt of the Village's written notice of termination, Consultant shall immediately stop work on the project unless directed otherwise by the Village Manager. 8.3. In the event of termination by the Village, the Consultant shall be paid for all work accepted by the Village Manager up to and including the date of termination, provided that the Consultant has first complied with the provisions of Paragraph 8.4. 8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the Village, in a hard copy and Contract No. Page 3 of 10 Docus+gn Envelope ID: 01BDDC:6F-D767-49EB-B253-E5C0787F5056 DocuSign Envelope ID: 36DF2380-FD06-4FF6-AF88-6AA7934565B9 electronic format within fourteen business (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 9. Insurance. 9.1 Consultant shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to Village, naming the Village as an Additional Insured, underwritten by a firm rated A -X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the Village, its officials, employees, agents, and volunteers naming the Village as additional insured. Any insurance maintained by the Village shall be in excess of the Consultant's insurance and shall not contribute to the Consultant's insurance. "I he insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the Village as it deems necessary or prudent. 9.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Consultant. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 9.1.2. Workers Compensation and Employer's Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer's Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Consultant shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker's Compensation insurance. 9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as tiled by the Insurance Service Office, and must include Owned, Hired, and Non -Owned Vehicles. 9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, single limit. 9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village, reflecting the Village as an Additional Insured (except with respect to Professional Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days after award of this Agreement and prior to the execution of this Agreement by Village and prior to commencing Services. Each certificate shall include no less than (30) thirty -day advance written notice to Village prior to cancellation, termination, or material alteration of said policies or insurance. The Consultant shall be responsible for assuring that the Contract No, Page 4 of 10 DocuSign Envelope ID: 01 BDDC6F-D767-49EB-B253-E5C0787F5056 DocuSign Envelope ID: 36DF238O-FD06-4FF6-AF88-6AA7934565B9 insurance certificates required by this Section remain in full force and effect for the duration of this Agreement, including any extensions or renewals that may be granted by the Village. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The Village reserves the right to inspect and return a certified copy of such policies, upon written request by the Village. If a policy is due to expire prior to the completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the Village before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the Village. 9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's Compensation Insurance, the Village is to be specifically included as an Additional Insured for the liability of the Village resulting from Services performed by or on behalf of the Consultant in performance of this. Agreement. The Consultant's insurance, including that applicable to the Village as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the Village shall be in excess of and shall not contribute to the Consultant's insurance. The Consultant's insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 9.4. Deductibles. All deductibles or self -insured retentions must be declared to and be reasonably approved by the Village. The Consultant shall be responsible for the payment of any deductible or self -insured retentions in the event of any claim. 9.5. The provisions of this section shall survive termination of this Agreement. 10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and will abide by all Federal and State laws regarding nondiscrimination. 11. Attorneys Fees and Waiver ofJury Trial. 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12. Indemnification. Contract No. Page 5 of 10 Docusign Envelope ID: 01 BDDC6F-D767-49EB-B253-E5C0787F5056 DocuSign Envelope ID: 36DF2380.- 006-4FF6-AF88-6AA7934565B9 12.1. Consultant shall indemnify and hold harmless the Village, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, arising from Consultant's performance or non- performance of any provision of this Agreement, including, but not limited to, liabilities arising from contracts between the Consultant and third parties made pursuant to this Agreement. Consultant shall reimburse the Village for all its expenses including reasonable attorneys' fees and costs incurred in and about the defense of any such claim or investigation and for any judgment or damages arising from Consultant's performance or non-performance of this Agreement. 12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the Village nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. The Village is subject to section 768.28, Florida Statutes, as may be amended from time to time. 12.3. The provisions of this section shall survive termination of this Agreement. 13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand -delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Agreement or such other address as the party may have designated by proper notice. 14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be proper exclusively in Miami -Dade County, Florida. 15. Entire Agreement/Modification/Arnendment. 15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 15.2. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. Ownership and Access to Records and Audit. 16.1. Consultant acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the Village which are conceived, developed or made by Consultant during the term of this Agreement ("Work Product") belong to the Village. Consultant shall promptly disclose such Work Product to the Village and perform all actions reasonably requested by the Village (whether during or after the term of this Agreement) to establish and confirm such Contract No. Page 6 of 10 DocuSign Envelope ID: 01 BDDC6F-D767-49EB-B253-E5C07i37F5056 DocuSign Envelope ID: 360F2380-FDO6-4FF8-AF88-6AA793456589 ownership (including, without limitation, assignments, powers of attorney and other instruments). 16.2. Consultant agrees to keep and maintain public records in Consultant's possession or control in connection with Consultant's performance under this Agreement. The Village Manager or her designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any records of the Consultant involving transactions related to this Agreement. Consultant additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the Village. 16.3. Upon request from the Village's custodian of public records, Consultant shall provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 16.4. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the Village. 16.5. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Consultant shall be delivered by the Consultant to the Village Manager, at no cost to the Village, within fourteen business (14) days. All such records stored electronically by Consultant shall be delivered to the Village in a format that is compatible with the Village's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.6. Any compensation due to Consultant shall be withheld until all records are received as provided herein. 16.7. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Village. 16.8. Notice Pursuant to Section 119.0701(2)(a). Florida Statutes. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Contract No. Page 7 of 10 Docusign Envelope ID: 01BDDC6F-D767-49EB-8253-E5C0787F5U56 Docusign Envelope ID 36DF2380-i= DO6-4FF6-AF88-6AA7934565B9 Custodian of Records: Mailing address: Telephone number: Email: Jocelyn 13. Koch 88 West McIntyre Street Key Biscayne, FL 33149 305-365-5506 ikoch�a,kevbiscavne.fl.gov 17. Nonassignabitit' . This Agreement shall not be assignable by Consultant unless such assignment is first approved by the Village Manager, which approval shall not be unreasonably withheld. The Village is relying upon the apparent qualifications and expertise of the Consultant, and such firm's familiarity with the Village's area, circumstances and desires. 18. Severability. [f any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision ofthis Agreement shall be valid and be enforceable to the fullest extent permitted by law. 19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the Village with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingencv Fees. The Consultant warrants that it has not employed or retained any company or person, other than a bona tide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making ofthis Agreement. Contract No. 0 Page 8 of 10 DocuSign Envelope ID: 01BDDC6F-D767-49EB-8253-E5C0787F505Ei DocuSign Envelope ID: 36DF238+0-FDo6-4FF6-AF88-6M7934565B9 24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or attachments hereto, the terms of this Agreement shall control. 27. E -Verify Affidavit. En accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business with the Village to register with and use the E -Verify system to verify the work authorization status of all newly hired employees. The Village will not enter into a contract unless each party to the contract registers with and uses the E -Verify system. The contracting entity must provide of its proof of enrollment in E -Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E -Verify, please visit: https://www.e-verify.uov/fan/how-do-i-provide-proof-ol=mv-participationenroliment= in -e -verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E -Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E -Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. 28. Non -Solicitation of Employees. During the term of this Agreement, and for a period of one year thereafter, Village shall not, directly or indirectly, solicit for hire as an employee, consultant or otherwise any of the personnel of Consultant who have performed services under this Agreement, without the express written consent of Consultant. 29. Hurricanes and Severe Weather Events. During such periods of time as are designated by the United States Weather Bureau or Miami -Dade County as being a severe weather event., including a hurricane watch or warming, the Consultant, at no cost to the Village, must take all precautions necessary to secure any materials or equipment used during the performance of the Services in response to all threatened storm events in accordance with the Miami -Dade County Code. Compliance with any specific severe weather event or alert precautions will not constitute additional work. Suspension of the Services caused by a threatened or actual storm event, regardless of whether the Village has directed such suspension, will entitle the Contractor to additional contact time as a non-compensable, excusable delay. ]Remainder of page intentionally left blank. Signature pages follow.] Contract No. Page 9 of 10 DocuSign Envelope ID: 01BDDC6F-D767-49EB-B253-5(;0787F5U58 DocuSign Envelope ID: 36DF238©-FD06-4FF6-AFB8-6AA7934565B9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be stated above. VILLAGE s F KEY i ,. ' AYNE By: Sieve C. Williamson Village Manager Attest: , -DocuSigned by: 4oc In By: Jocelyn B. Koch Village Clerk Approved as to form and legal sufficiency: - DocuSigned by By: Weiss Serota Helfman dole & hierman, P.L. Village Attorney Addresses for Notice: Village of Key Biscayne Attn: Village Manager 88 West McIntyre Street Key Biscayne, FL 33149 305-365-5514 (telephone) 305-365-8936 (facsimile) silliamson@keybiscayne.Fl.gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Chad Friedman, Esq. Village of Key Biscayne Attorney 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, FL 33134 cfriedman@wsh-law.com (email) Contract No. CONSULTANT muted the day and year as first By: Name: Glenn R. Rink Title: President & CEO Entity: AbTech Industries, Inc. Addresses for Notice: Glenn R. Rink AbTech Industries Inc, 4110 N. Scottsdale Rd., Ste 235 Scottsdale, AZ 85251 480-874-4000 (telephone) 480-970-1665 (facsimile) mconnoIIv@abtechindustries.com (email) With a copy to: Bob Backman (telephone) (facsimile) bbackman@abtechindustries.com (email) Page 10 of 10 .., DocuSign Envelope ID: 01 BDDC6F-D7b 7-4YEB-B253-E5C0787F5056 DocuSign Envelope ID: 36DF2380-FD06-4FF6-AF88-6AA7934565B9 E -VERIFY AFFIDAVIT In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business with the Village to register with and use the E -Verify system to verify the work authorization status of all newly hired employees. The Village will not enter into a contract unless each party to the contract registers with and uses the E -Verify system. The contracting entity must provide of its proof of enrollment in E -Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E -Verify, please visit: hops(/www e -verify goy/fa how-do-i-provide-aroof-of-mw garticipationenrollment-in-e- verify By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes and will comply with the E -Verify requirements imposed by it, including but not limited to obtaining E -Verify affidavits from subcontractors. 1itCheck here to confirm proof of enrollment in E -Verify has been attached to this Affidavit. In the presence of: Signed, sealed and delivered by: Witness #1 Prir Name: Maureen Connolly Print Name: Glenn R._Rink Title: President & CEO Witness #2 Print Name: Jake Dobrenz Entity Name: AbTech Industries. Inc. ACKNOWLEDGMENT State of Arizona County of Maricopa The foregoing instrument was acknowledged before me by means oflphysical presence or online notarization, this 22nd day of February , 20 23, by Glenn R. Rink (name of person) as President & CEO (type of authority) for AbTetIndustries, Inc. (name of party on behalf of whom instrument is executed). ANTHONY J REED • Notary Public, State of ArirOne Mericope County Commission 0637386 My Commission Expires October 04.2026 J Notary is . tamp, or Type as Commissioned Personally known to me; or Produced identification (Type of Identification: Did take an oath; or Did not take an oath Contract No. E -Verify Affidavit 0 0/2000 10:06 4809701E65 ABTECH PAGE a a iicnt ociximpany TT, NI=mber_ 77359 +Company ID Nttrtmbesr: 72760 m m a O wrnneIORArgrsirTM salr ir_yrr.trieitsinArri:cirricar 13ETWEEi q TIME T)EPARTIVIE1rLT' bF HC)A ELANTIM SECCJRiT'y, SC)[ A.L SECTMEtri-V AD1VI*1rTIB'I'RA'I�CyNy EMY'I..OXEYZ, ANb �ESIGNATET) A►C�ENT >;UEGARIYINFeG E-V'TE Z FX T Tho i.ndivi duals whose signatures a erp Y ° g�za appear below r raE.e>d-tt that the are autlsorized to c�nter�- into this MOLT on be h if af, the Employer, the Designated .Agent and the T.:113S-LTSCIS re spc ti voly. Kumtpioye'r A.bwteeh xndustrtics. Iraq dlat. 4V7. Namrie (Please types or print) Desigazsated AlLgeint A.]DF To*s1_Sourc ,. The - Magi= PeDr�: Name (Please type or print) ..tslesctr-crssia i I4y .Slgneseir Signatures m do N cn m y�JJ f j n L/1 CL �/�4�`I�.7CoC�i 1"�� Cj Title 1, -n T3ate Title 12/22/2007 Depa,rtrr.ierat of kioranetasicl Security-- ` ore-1f1e.atIora .Division Naar (Please type or print) 'I"itl e Signature Date 11 ResvismQd: July le 2007 DowuSign Envelope ID: 01 BDDU6F-©767-49EB-8253-E5C0787F505B DocuSign Envelope ID: 36DF2380-FD06-4FF&AF88-6AA7934565B9 EXHIBIT A SCOPE OF SERVICES Contract No. Exhibit A: Scope of Services DocuSign Envelope ID: 01BDDC6F-0767-49EB-8253-E5C.0787F5056 DocawSign Envelope ID: 36DF2384-FD06-4FF8-AF8S-SAA793456589 Exhibit A tbTech I N D U S T R I E S Village of Key Biscayne Stormwater Sustainability Pilot November 9, 2020 Prepared For: Village of Key Biscayne Prepared By: Mr. Robert Backman, COO AbTech Industries, Inc.. Email: rbackman@abtechindustries.com In Partnership with: Mr. Juan Santeella Klima Projects USA LLC Email: j.santaella@kIimaprojects.com 8 Mrs. Saide Rangel SCR Mechanical LLC Email: saide@scmechanical,com Exhibit A DocuSign Envelope ID: 01BDDC6F-D767-49EB-B253-E5C0787F5056 DocuSign Envelope ID: 360F2380-FD06-4FF6-AF88-6AA7934565E39 Exhibit A AbTech I N A U b: R I F Village of Key Biscayne Stormwater Sustainability Pilot Draft 09Nov2020 Background The Village of Key Biscayne is in Miami -Dade County, Florida. The Village is located in the center of an island (Key Biscayne), which is approximately 5.5 miles east of Downtown Miami. The Village is approximately 850 acres bounded on the east by the Atlantic Ocean, the west by Biscayne Bay, the north by Crandon Park and the south by Bill Baggs State Park. The existing land uses in the Village are cornpietely developed. The area is predominately single-family homes, with an elementary school (K-8 area) centrally located within the neighborhood and commercial development along Crandon Boulevard. This pilot proposes to install 10 ultra -Urban. filters (UUfs) supplied by AbTech industries(described below) into drains in the area described as K -S. The intent is to demonstrate Stormwater run-off pollutants capture at the source and potential benefit for utilization as a Village -wide strategy for Sustainable Stormwater Purification Attenuation to benefit the environmental and ecological vitality of Biscayne Bay . These filters are "workhorse" BMP's, used to act as the first line of defense, capturing Trash, Debris, sediment and filtering all runoff from impervious surfaces used for parking and streets, maximize pollutant capture, with minimal maintenance and no hindrance during peak ram events, resulting in flooding. Pictures showing the ultra Urban Filters are shown below. Mounting cnnar. A custcciitabie 6GekWas el coin far motntlnp Fortin[ alphas: Fla train utd debris capture greater then 5 [ran Smart pains' Designed with rep+xoablo Smart Spongers media tot tea n new at existing oe*0alnment sbuctures Moak and duke Mounting system to maim UlF h piece Swart Sponge ; Advanced ptaixeban ends Ai stavlless steel Met 20 -year warranty t _ 4110 N Scottsdale Rd , Suite 235 Scottsdale, AZ 85251 USA Phone 480.874 4000 Toll Free 1 800.545 8999 Fax 480.970 1665 Web www.abtechuntlustries tom Exhibit A srt artSp nge DocuSign Envelope ID: 01BDDC6F-D7(57-49EB-B253-E5C0787F5056 DocuSign Envelope ID: 36DF2380-F006-4FF6-AF88-6AA7934565B9 Exhibit A. Able n h u s T R I E s Monitoring Criteria To characterize and quantify the pollutants in the runoff in the K-8 area, five of the UUFs will be modified to be able to collect runoff, prior to filter it. A small plastic insert (tub) will be installed to allow grab samples to be taken prior to and after filtering. The goal will be to collect one composite sample, for each storm', from each UUF inlet and outlet. A total of 5 storms will be sampled for a total of 200 composite samples. At the end of an event, the composite samples will be transported to a certified laboratory to be analyzed for key pollutants of concern. Referencing the Washington Department of Ecology Technology Assessment Protocol -Ecology (TAPE), the following standards will be used for selecting qualifying storms to monitor: 1. Minimum storm depth = 0.15 inches 2. Antecedent dry period or start of a storm e minimum 6 hrs. with less than 0.04 inches of rain since the previous rain event. 3. End of an event — minimal 6 hours with less than 0.04 inches of rain 4. Minimum duration — 1 hour 5. Average storm intensity (inches per hour) — variable so that no two storms have the same average intensities. There will be a minimum of 40 samples collected for each storm from which to make the event composite. Storm monitoring will be used to evenly space the samples by time, so that there are equal samples from both the rising and falling limb of the hydrograph. Rainfall data from local weather monitoring location, or acceptable local rainfall source, will be used to report the storm event parameters: total rainfall depth, duration, average and peak rainfall intensity, temperature, wind direction and speed. Based on available site plan information, average and peak flow rates will also be provided. By composite sample we mean that for any given storm event we will collect inlet and outlet samples for the first flush — time point TO; and then collect three additional samples at TI , T2, and T3, for a total of 8 discrete samples per site for every event. For 5 sites, this means 40 samples for each storm event for a total of 200 samples for the projected 5 storm events to be analyzed during this pilot project. Additionally, we will install different media in each insert, for instance SmartSponge HM for Hydrocarbons; another SmanSponge SS Plus for Bacteria reduction, another SmartSponge for Metals and Nutrients. The proposal includes the installation of 10 inserts, but will assess removal samples from 5 out of 10 inserts. This is to have a wholistic view of perforrnance. 4110 N Scottsdale Rd., Su':e 235 Scottsdale, AZ 35251 USA Phone 480 874 4000 Toll Free 1.800.545.8999 Fax 480 970.166S Web wwwabcechirclustries.con smart w Exhibit A DocuSign Envelope IL) 01BDDC6F-D767-49EB-6253-E5C0787F505b DocuSign Envelope ID: 36DF238D-FD06-4FF6-AF8&6AA793456569 Exhibit A t bTech I N D U S T 0 1 r 1 Analysis To characterize and quantify the runoff from the UUF insert drainage areas, five composite samples will be analyzed for each of the four to five inlet locations. The following table lists pollutants of concern and analytical methods. After the first storm results, this list will be evaluated to finalize what anarytes to quantify. Analyses Method Number Particle Size Distribution" Modified SSC Method D3977-97 Total Suspended Solids SM 2540D Volatile Suspended Solids SM 2540E Suspended Solids Concentration SM 3977D Dissolved Solids SM 2540C Turbidity SM 2130 Total Phosphorus SM 4500P 8 Ortho-Phosphate SM 4500P E TKN EPA Method 351.2 Nitrate -Nitrite EPA Method 353.2 NWTPH-Dx (Hydrocarbons) EPA SW -846 Method 80158 i Metals** (Total & Dissolved) TBD pH EPA Method 150.2 Fecal Coliform SM 9222D E.coli SM 9223B *Note. The recommended PSD analysis method is a modified Suspended Sediment Concentration (SSC) Method according to American Society for Testing and Materials (ASTM) Method D3977-97 (ASTM 2007) using wet sieve filtration (Method C) and glass fiber filtration (Method B). The 55C method uses wet sieve filtration (Method C) to measure the sand concentration by passing the entire sample (minimum volume of 1 liter) through a 62.5 micron (No. 230) sieve, and uses glass fiber filtration (Method 6) to measure the fines (sift/clay) concentration by passing the wet sieve filtrate through a 1.5 micron glass fiber filter. A modification of this procedure is necessary to measure the concentration of four size categories: clay less than 3.9 microns, silt between 3.9 to 62.5 microns, very fine to fine sand between 62.5 and 250 microns, and medium to coarse sand greater than 250 microns (No. 60 sieve). The required PSD size fractions and their associated sieve sizes are summarized in the Table below. T.ra 12 lisq,Ared Pared. &a. dust rint0an 91n C1991$9199 19.991919d999 hw4 a.s.,_0Caron tr.n.n Mef+aA � r Pueldel3moloire i AWjialiitlYd• > 200 M9dnna sand and laq., ' Retained 0 l No 90 5909 92 S . 230 Vary ire to Mn sand Passim Me m sire NM ,laYnd on Pis 210 saw 311.02 5 S4 P o No 230 sea and mama an 4-51.• 91,4 Air <19 Cloy I F9r9am#5Umor-says 14srMMM1Mlse1lsiVas tsar Ms **Metals to analyze for: Al, Mn, Fe, Co, Ni, Cu, Zn, Ag, Cd, Hg, Pb 41 l0 N. Scottsdale Rd , Suite 235 Scottsdale, AZ 85251 USA Phone 480.874 4000 Toll Free t 800 545.0999 Fax 48n 47n 1665 Web wwww abtec"1 ndjstnes :crr Exhibit A sisonge DocuSign Envelope ID: 01BDDC6F-0767-49EB-8253-E5C0787F5056 DocuSign Envelope ID: 36DF2380-FDo6-4FF8-AF88-6AAi934565B9 Exhibit A JbTech I N U U S T R I E 5 At the completion of the Pilot program samples of the Smart Sponge Media will be taken from each. Ultra Urban Filter and analyzed for total absorption and adsorption capabilities and correlated to the runoff analysis to assess overall potential sustainable stormwater purification value through implementation as Village -wide strategy for Stormwater Management. Sample Collection and Handling Referencing the Washington Department of Ecology Technology Assessment Protocol -Ecology (TAPE), the sample collection, handling and analysis will follow TAPE guidelines and will be detailed in a QAPP (Quality Assurance Project Plan) to be supplied prior to commencement of Pilot. Reporting Upon completion of the Pilot report summarizing: • Monitoring completed and any issues/deviations from the plan • Storm Data • Laboratory Results • Field Notes • Photographs • Summary — Storms and pollutants • TOTEX ( including capital, O&M assessments) analysis as a Village wide stormwater Management Strategy Budget Equipment Supply, Mobilization, implementation, Maintenance, Monitoring, Analysis, Overhead for assisting with project planning, sampling, data entry, and reporting Is estimated to be $123,500. This includes RD man-hours of Village Staff assistance, and 510 man-hours of third -party staff for pilot execution, analytical work and report generation. 4110 N Scorsdale 00 , Suite 235 Scottsdale, AZ 85251 USa Phone 480.874 4000 Tab Free 1 800 545 8909 Fax 450 970 1665 Web www abtecnindustries.com Sit sponge Exhibit A