HomeMy Public PortalAbout2023-05 Approving an agreement with Abtech Industries, Inc. for installation and maintenance of ultra-urban filters in catch basins at the K-8 Elementary School BasinRESOLUTION NO. 2023- 05
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, APPROVING AN AGREEMENT
WITH ABTECH INDUSTRIES, INC. FOR INSTALLATION
AND MAINTENANCE OF ULTRA -URBAN® FILTERS IN
CATCH BASINS AT THE K-8 ELEMENTARY SCHOOL
BASIN IN AN AMOUNT NOT TO EXCEED S123,500;
PROVIDING FOR AUTHORIZATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on June 28, 2022, the Village of Key Biscayne ("Village") adopted
Resolution No. 2022-29, accepting a Coral Protection and Restoration (CPR) Matching Grant
(the "Grant") from the Florida Department of Environmental Protection for a stormwater
sustainability pilot project (the "Project") in an amount of$159,537, which Grant will be matched
utilizing $55,679 from the Village stormwater enterprise fund; and
WHEREAS, as part of the Project the Village desires to install and maintain 10 Ultra -
Urban® filters in catch basins located in the K-8 Elementary School Basin (the "Services"); and
WHEREAS, the Village Manager has negotiated an agreement, attached hereto as Exhibit
"A" (the "Agreement"), with ABTech Industries, Inc. (the "Consultant") for the Services in an
amount not to exceed $123,500; and
WHEREAS, pursuant to Section 2-85 of the Village Code, it is determined that it is
impracticable to competitively procure this Agreement because the Grant requires that the
Consultant be used to provide the Services; and
WHEREAS, the Village desires to approve the Agreement and authorize the Village
Manager to execute the Agreement with the Consultant in substantially the form attached hereto
as Exhibit "A"; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above -stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Annroval. That the Village Council approves the Agreement attached
hereto as Exhibit "A."
Section 3. Authorization. That the Village Manager is hereby authorized to execute
the Agreement with the Consultant for the Services, in substantially the form attached hereto as
Exhibit "A," in an amount not to exceed $123,500, subject to the final approval of the Village
Attorney as to form, content, and legal sufficiency.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 15th day of
ATTEST:
JOaY°°2;(r . KC) CA''
VILLAGE CLERK
February , 2023.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF KEY BISCAYNE
AND
ABTECH INDUSTRIES, INC.
3/1/2023
3, CSI i,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.
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3.1. Compensation for Services provided by Consultant shall be in an amount not to exceed
$123,5000 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.
3.3. 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;
3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers
will be rejected);
3.3.6. Name and type of Services;
3.3.7. Tirneframe 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 oayables(h'keybiscavne.tl.eov.
4. Subconsultants.
4.1. The Consultant shall be responsible for 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.
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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.
7. 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 ail 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
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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. The 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 filed 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
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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. Ifa 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 he
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 of Jury 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.
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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/Amendment.
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 Audits.
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
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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 1 19.0701, 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.
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Custodian of Records:
Mailing address:
Telephone number:
Email:
Jocelyn B. Koch
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5506
jkoch(a)kevbiscavne.fl.2ov
17. Nonassignabilit' . 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. If 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 Contingency 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.
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24. Public Entitv 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. 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: https://ww°w.e-verifv.a,ov/faq/how-do-i-provide-proof-of-my-partic ationenrollment-
in-e-vcrifv. 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 ofthe 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 warning, 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 contract time as a non-compensable, excusable delay.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
VILLAGE s F KEY ,. AYNE
1
By:
Steve C. Williamson
Village Manager
Attest:
DacuSegned by:
OCeAvL Coati
By:
oca7or7FDD5s44?.
Jocelyn B. Koch
Village Clerk
Approved as to form and legal sufficiency:
r—DocuSigned by.
a d 2tio a+r
By: Fbr�yc� f
Weiss Serota Helfman o eIL 13 iennan, 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)
swilliamson@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.
Addresses for Notice:
Glenn R. Rink
CONSULTANT
BY )-4*----‘7
T2 -
Name: Glenn R. Rink
Title: President & CEO
Entity: AbTech Industries, Inc.
AbTech Industries, Inc.
4110 N. Scottsdale Rd., Ste 235
Scottsdale, AZ 85251
480-874-4000 (telephone)
480-970-1665 (facsimile)
mconnoIly@abtechindustries_com (email)
With a copy to:
Bob Backman
(telephone)
(facsimile)
bbackrnan@abtechindustries.com (email)
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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:
httpsl/www.e-verify.gov/fact/haw-do-i-provide-proof-of-my-participationenroliment-in-e-
ve rife
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 [-Verify affidavits from subcontractors.
Check 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 Pry Name: Maureen Connolly
Wiiness #2 Print Name: Jake Dobrenz
State of Arizona
County of Maricopo
Print Name: Glenn R. Rink
Title: President & CEO
Entity Name: AbTech Industries. Inc.
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me by means of physical presence or 1
online notarization, this 22nd day of February , 20 23, by Glenn R. Rink
(name of person) as President & CEO (type of authority) for
Able&Industries, Enc. (name of party on behalf of whom instrument is executed).
ANTHONY J REPO
Notary Pubilc, State of Arizona
Mencopa County
Commission 0 637388
My Commission Expires
October 04.2026
"I Personally known to me; or
Produced identification (Type of Identification:
Did take an oath; or
Did not take an oath
Notary lc c tamp, or Type as Commissioned)
Contract No. E -Verify Affidavit
0/2000
10:08 4909701665
4C1fent Coriapany IIl P•Turrnii-vore 77359
Company XI almb4 i-: 72760
AIITECH
PAGE
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this IVICYLT ari bchaif cif -the J3mplayozr, t1].c T3esignatesd ".gent and the E -1S-U' SCIS .respcetiveYy.
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DocuSign Envelope ID: 01 BDDC6F-D767-49EB-B253-E5C0787F5056
DocuSign Envelope ID: 38DF2380-FDO6-4FF6-AF88-6AA793456589
EXHIBIT A
SCOPE OF SERVICES
Contract No. Exhibit A: Scope of Services
DocuSign Envelope ID: 018DDC6F-D767.49EB-8253-E5C0787F5056
DacuSign Envelope ID; 36DF2380-FD06-4FF6-0E88-6AA7834565B9
Exhibit A
fJTech
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: rbackmanc@iabtechindustries.com
In Partnership with:
Mr. Juan Santaella
Klima Projects USA LLC
Email: j.santaella@klimaprojects.com
Mrs. Saide Rangel
SCR Mechanical LLC
Email: saide@scmechanical.com
Exhibit A
DocuSign Envelope ID: 01BDDC6F-D767-49E8-8253-E5C0787F505 i
DocuSign Envelope ID: 36DF2380-FD06-4FF6-AF88-6AA7934565B9
Exhibit A
AbTech
1 N et U S T R I f S
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 completely 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-8. 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 rain events,
resulting in flooding. Pictures showing the Ultra Urban Filters are shown below.
Mounting collar
A andorricatie
stainless -Mel
collar for mounting
Fm i trash capes
FIN trash and debris
capture greeter then
5rnm
Smart Palm*:
Deafened wi h replacoabto
Smart Sponge®
media for tae n mars
or existing containmeart
antenna
Hook and dodo:
Mounting system
to ware kAW In
place
Smart Sponge
Advanced pmftcabon
medal
tatelnl etael:
All
rah 20 -yeah
Y
4110 N Scottsdale Ad , Suite 235 Scottsdale, AZ 85251 USA
Phone 480.874.4000 Toll Free 1 800.545 5999 Fax 480.970 1545 Web www.abtecnindustries com
Exhibit A
Mart sponge
DocuSign Envelope ID:01BDDC6F-D767-49EB-B253-E5C0757F5056
DocuSign Envelope ID: 36DF2380-FD06-4FF6-AF88-6A47934565B9
Exhibit A
A bTech
I N D U S T R I E 5
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 = 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 wil'I 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.
1 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 T l , 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 SmartSponge 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 performance.
4110 N Seottsdal4 ltd , Su,:e 275 Scottsdale, AZ 95251 USA
Phone 480 874 4000 Toll Free 5.800.545.8999 Fax 480 971E 1665 Web .www abcechi"dus£nes.cu.n smart sponge
Exhibit A
DocuSign Envelope ID: 01 BDDC6F-D767-49E8-8253-E5C0787F5056
DocuSign Envelope 10: 36DF2380-FD06-4FF6-AF88-6AA793456565
Exhibit A
fibTech
1 N 11 l7 5 T 9 1 E 5
Analysis
To characterize and quantify the runoff from the UUF insert drainage areas, five composite samples wiil
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 analytes
to quantify.
Analyses
Method Number
Particle Size Distribution*
Modified 5SC Method 03977-97
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 B
Ortho-Phosphate
SM 4500P E
TKN
EPA Method 351.2
Nitrate .Nitrite
EPA Method 3512
NWTPH-Dx (Hydrocarbons)
EPA SW -846 Method 8015B
Metals"* (Total & Dissolved)
TBD
pH
EPA Method 150.2
Fecal Coliforrn SM 9222D
E.coli SM 9723B
"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 SSC 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 B) to
measure the fines (silt/clay) concentration by passing the wet seve filtrate through a 15 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 tine 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.
TAM. 12 Reperd MAW. stirs Dlatrlbuton 9W Cispy1er ror Ihm atodt0d Impended
s.anrars C.nrr1heawr M.hd
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**Metals to analyze for: Al, Mn, Fe, Co, Ni, Cu, Zn, Ag, Cd, Hg, Pb
4110N Scottsdale Fed , Suite 235 Scottsdale, AZ 85251 USA
Phone 460,874 4000 Toll Freer 80U 54'6.6959 Fax 480 970 1655 Web v,v+w Wet-. nd.Atnes.corr
Exhibit A
sPonge
DocuSign Envelope ID: 01 BDDC6F-D767-49EB-8253-E5C0787F5056
DocuSign Envelope ID: 360F2380-FDO6-4FF6-AFB8-6AA793456559
Exhibit A
AllTech
I N D U S T R I E S
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 storrnwater 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 830 man-hours of Village Staff assistance, and 510 man-hours of third -party staff for pilot
execution, analytical work and report generation.
4110 M Scottsdale Rd , St.ite 235 Scottsdale, AZ 85251 USA
Phone 480.874 4000 Ton free 1 800 545 8999 Fax 490.970.1865 Web www abtecnrndustries.com khan -
Exhibit A