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HomeMy WebLinkAboutC2022-049 - Aquatic Testing and Consulting1 Contract No. 2022-049 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND AQUATIC CONSULTING & TESTING, INC. THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into as of March 31, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Aquatic Consulting & Testing, Inc., a(n) Arizona corporation (the “Vendor”). RECITALS A. The Town conducted due diligence to engage a vendor who is qualified in water quality testing and consulting; and B. The Town desires to engage the Vendor to provide water testing and consulting services (the “Services”). C. The Town desires to enter into an Agreement with the Vendor to perform the Services, more particularly set forth in Exhibit A. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Vendor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until December 9, 2022 (the “Initial Term”), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up four successive one-year terms (the “Renewal Term”) if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the Vendor requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Vendor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Term are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Services as previously set forth herein. Services shall only be provided when the Town identifies a need and proper authorization and documentation have been approved. For project(s) determined by the Town to be appropriate for this Agreement, the Vendor shall provide the Services to the Town on an as-required basis relating to the specific Services as may be agreed upon between the parties in writing, in the form of a written acknowledgment between the parties describing the Services to be provided (each, a “Work Order”). Each Work Order issued for Services pursuant to this Agreement shall be (i) in the form provided and approved by the Town for the Services, (ii) contain a reference to this Agreement and (iii) be attached to hereto as Exhibit B and incorporated herein by reference. By signing this Agreement, Vendor acknowledges and agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement, other than Town's project-specific requirements, are hereby expressly declared void and shall be of no force and effect. The Town does not guarantee any minimum or maximum amount of Services will be requested under this Agreement. 3. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed $50,000 at the rates set forth in the Fee Proposal attached hereto as Exhibit A and incorporated herein by reference. The aggregate amount per renewal term shall not exceed $50,000 in any case unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and conditions of the Agreement shall remain in full force and effect. 4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice the Town monthly), based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. This Agreement must be referenced on all invoices. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Vendor agrees to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Vendor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Vendor’s performance. The Vendor shall provide and maintain a self-inspection system that is acceptable to the Town. 3 8. Licenses; Materials. Vendor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Vendor. The Town has no obligation to provide Vendor, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Vendor. 9. Performance Warranty. Vendor warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10. Indemnification. To the fullest extent permitted by law, the Vendor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Vendor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Vendor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. 4 C. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Vendor’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Vendor. Vendor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Vendor shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Vendor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Vendor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance 5 policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability – Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (b) Auto Liability – Under ISO Form CA 20 48 or equivalent. (c) Excess Liability – Follow Form to underlying insurance. (2) Vendor’s insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Vendor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its 6 agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Vendor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Vendor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Vendor engages in any professional services or work in any way related to performing the work under this Agreement, the Vendor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Vendor, or anyone employed by the Vendor, or anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers’ Compensation Insurance. Vendor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of work 7 or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Vendor of written notice by the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this 8 provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Vendor an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Vendor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Vendor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 9 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Vendor. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Vendor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision shall be a breach of this Agreement by Vendor. 13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Vendor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Vendor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Vendor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 10 13.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Vendor: AQUATIC CONSULTING & TESTING, INC. 1525 W. University Dr. Ste #106 Tempe, Arizona 85281 Attn: Elizabeth Atkinso/Frederick Amalfi or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being 11 given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Vendor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Vendor’s duties under this Agreement. Persons requesting such information should be referred to the Town. Vendor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Vendor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Vendor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Vendor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of intended audits. Vendor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Vendor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 12 13.18 Israel. Vendor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Klein, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] Elizabeth Klein (Apr 5, 2022 07:19 PDT) “Contractor” ____________________________________, By: Name: Title: Aquatic Consulting & Testing, Inc., a(n) Arizona corporation Frederick A. Amalfi (Apr 4, 2022 08:27 PDT) Frederick A. Amalfi Vice President Frederick A. Amalfi EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND AQUATIC CONSULTING & TESTING, INC. [Scope and Fees] See following pages. Page 1 of 20 Aquatic Consulting & Testing, Inc. Statement of Qualifications and Fee Schedule Aquatic Consulting & Testing, Inc 1525 W. University Drive, Suite 106 Tempe, Arizona 85281 Telephone: (480) 921-8044 Fax: (480) 921-0049 E-mail: lab@aquaticconsulting.com Web address: www.aquaticconsulting.com Page 2 of 20 HISTORY Aquatic Consulting & Testing, Inc. (AC&T) is a small, woman -owned business incorporated in 1988. Start-up services included environmental microbiological and limited inorganic analysis, and consulting services to municipalities and engineering firms. Expansion by acquiring an independent environmental laboratory in 1994 allowed AC&T to provide expertise in full-service inorganic analysis, as well as aquatic biology and limnology. The office has been located in the Tempe Work Space, conveniently located between ASU and Phoenix Sky Harbor Airport, throughout its course of operation. ABOUT US The staff is composed of 12 biologists, chemists and environmental scientists, and 2 support personnel. The owners, Elizabeth (Beth) Atkinson and Frederick (Rick) Amalfi, Ph.D., have been involved in day-to-day operation of AC&T since its inception. AC&T is certified by the Arizona Dept. of Health Services (ADHS), Office of Laboratory Licensure, for analysis of multiple parameters. PMD (Department of Agriculture - Pest Management Division)- licensed aquatic pesticide applicators and a NALMS-certified lake manager are on staff for surface water chemical applications and management. Page 3 of 20 AQUATIC CONSULTING & TESTING, INC. STATEMENT OF QUALIFICATIONS Biological and Analytical Chemistry Services Laboratory Location: The office and laboratories are located just west of the University and Priest intersection in Tempe, Arizona: 1525 W. University Drive, Suite 106 Tempe, Arizona 85281 Telephone: 480-921-8044 Fax: 480-921-0049 Email: lab@aquaticconsulting.com Website: www.aquaticconsulting.com Laboratory Turnaround Time 15-day turnaround time is generally offered. RUSH turnaround analysis can be provided in addition to weekend and holiday rates. The following surcharges apply: Requirement Charge 24 Hour 3X base rate 48-72 Hour 2X base rate 3-5 Day 1.5X base rate 5-10 Day Standard, available based on laboratory workload Weekend/Holiday* 3X base rate * Samples requiring immediate attention (short holding times or special lab preparation) and received after 3:00pm on a Friday may be subject to Weekend/Holiday surcharge. Contact the lab if sample must be submitted on Friday afternoon. Supplies and Volume Discounts Clients are provided with clean, pre-preserved sample bottles, coolers, blue ice and chain of custody. Volume discounts may be applicable. Invoices & Payment Payment is due thirty (30) days from invoice date. A finance charge of 1% per month may be added to any balance unpaid after the 30 days. Page 4 of 20 Description of Services: 1.0 General Statement AC&T has been providing aquatic consulting and analyt ical testing for over two decades. Collectively, staff members have over a hundred years of environmental consulting and analytical testing experience. Services provided include:  Environmental Water Quality Consulting  Lake, Pond and Reservoir Management  Field Sampling  Environmental Data Evaluation & Validation  Vector Monitoring and Management  Biological Identification  Biotoxicity Assays  WET Testing  Environmental Analysis 2.0 Environmental Water Quality Consulting AC&T performs analytical testing for water quality compliance programs such as industrial pretreatment permits, NPDES/AZPDES permits, Aquifer Protection permits, and source water quality monitoring for drinking water. Assistance is available for coordination of monitoring programs, completion of required permit applications, monitoring reports, and corrective actions for compliance with regulations. Certified water and wastewater operators are available for assistance with domestic water treatment problems. On-site operation and maintenance of in-line treatment systems or on site-laboratories are also available.  Safe Drinking Water Act  Compliance sampling, testing, reporting  Clean Water Act NPDES/ AZPDES  Regulatory assistance  Stormwater monitoring and compliance reporting  Field sampling  Analytical testing  Pretreatment Discharge Compliance  Regulatory assistance  Field sampling  Analytical testing and reporting  Municipal Treatment  Process consulting  Microbiology  AZPDES/NPDES compliance  Effluent water quality monitoring Page 5 of 20 3.0 Lake and Reservoir Management Vice-President and co-owner, Dr. Frederick A. Amalfi, developed his doctoral thesis on lakes in Arizona, and has provided consulting services to many city, county, state and f ederal agencies with regard to lake management and reservoir water quality management. Dr. Amalfi has also consulted internationally on large reservoir management, most notably at Lake Baikal, in Siberia. Consulting services provided in our surface water management include:  Regulatory Compliance  Aquifer protection  Stormwater runoff  Fish consumption and full body contact water quality compliance  Compliance sampling, testing and reporting  Insect, Algae and Aquatic Weed Management  Certified NALMS & AZ DPM (Pest Management Division)  Morphometric measurements  Chlorophyll a,b,c / pheophytin  Management plans  Fisheries Management  Regulatory assistance  Analytical testing and reporting  Water Quality Measurement  Temperature / oxygen Profiles  Trophic status  Siltation rates  Nutrient budgets  Water quality analyses  Reclaimed water feasibility  Microbiology Page 6 of 20 4.0 Field Sampling Field sampling and analytical testing supports most of our consulting services: Discrete sampling  24 Hour flow weighted composite sampling  Stormwater  Groundwater  Surface water  Source/drinking water  Sediment  Soil  Hazardous waste 5.0 Environmental Data Evaluation and Validation Our staff has decades of direct experience analyzing, reviewing, and reporting environmental analytical data. Full service validation, reporting, recommendations, and professional expert witness testimony are offered. 6.0 Vector Monitoring and Management Organisms of concern in Arizona include midge flies and mosquitoes. AC&T conducts ongoing collection and monitoring of adult and larval mosquitoes and midg e flies for our clients, and in cooperation with Maricopa County Health Department (MCHD) and the Arizona Department of Health Services (ADHS) provides a warning system for any vector issues arising from wetland vegetation and water quality. Our resident limnologists and entomologists provide aquatic insect monitoring and mitigation for aesthetic, quality of life, and human health protection. Although most species of midge flies do not bite, they tend to swarm in the early evening, interfering with human recreational activities. Mosquitoes, on the other hand, can be mild to aggressive biters, causing minor skin irritations to severe diseases in humans and domesticated animals. AC&T provides live trapping of adult mosquitoes using carbon-dioxide traps. These traps, consisting of carbon dioxide and light sources, electric-operated intake fan, and capture net, are placed in the field during the late afternoon. The traps are picked up in the morning and the adult mosquitoes are quick - frozen for subsequent enumeration and identification. Identification is important to assess the origin of the mosquitoes and relative risk of vector-borne disease in the trap area. Counts are necessary for estimating population changes and efficacy of control measures. Manual dipping, counting, and species identification of mosquito larvae also helps identify breeding sites. AC&T can also monitor for presence of West Nile Virus (WNV) and Dengue Virus (DENV) in collected mosquitoes. Midge flies are collected in the evening using New Jersey Light Traps. The traps are similar to those used for mosquitoes, but depend on a much stronger light source and collection fan. Remote operated dredges collect larval midges. Larvae most often live in organically rich sediments of irrigation channels or lakes and ponds. The larvae are separated from the mud by floatation and densities are determined per square meter of lake or channel bottom. Management strategies usually involve Page 7 of 20 biologically limiting the number of larvae in the sediment , and water quality management to reduce production of organic matter in the water. AC&T provides integrated pest management plans for controlling undesirable aquatic organisms. Case-specific management strategies are developed which incorporate public e ducation, habitat manipulation, biological controls and chemical treatment. PMD-licensed and certified aquatic pesticide applicators are on staff for any required chemical treatment. 7.0 Biological Identification Staff biologists, entomologists, and environmental scientists can identify the species necessary for formulation of management plans. We can characterize the algae, submerged and emergent aquatic plants, zooplankton, insects and other invertebrates that comprise the biotic community. 8.0 Biotoxicity Assays AC&T can provide several biological monitoring and evaluation techniques for investigative and effluent discharge compliance requirements. Algal growth potential (AGPT) or algal biostimulation tests may be performed to determine the nutrient status of surface water and its response to changes in environmental conditions. Short term static or renewal, acute and chronic toxicity tests using EPA protocols are utilized for identification of potentially biohazardous discharge or waste load allocation for receiving waters. Sediment toxicity tests are available for assessing potential adverse effects of accumulated or solids-related contaminants on benthic organisms. Changes in algal composition and abundance, aquatic insect composition, and periphyton composition are determined to assess suspected stream and river pollution using USEPA Rapid Bioassessment Protocol (RPB). 9.0 WET Testing AC&T is certified by the Arizona Dept. of Health Services (ADHS), Office of Laboratory Licensure, for analysis of multiple parameters including freshwater acute and chronic toxicity tests. The WET testing section of our laboratory occupies over 1200 square feet and is physically separated from other testing areas to eliminate cross contamination. The WET lab oratory is environmentally controlled and equipped with dedicated growth chambers and instruments. Invertebrate and algal cultures are maintained in-house; vertebrates are purchased exclusively from the same supplier since 1989. Quality control is maintained by extensive documentation and monthly reference toxicant analysis. Acceptability of greater than 99% has been achieved in 2 annual DMRQA proficiency studies. 10.0 Environmental Analysis AC&T is a state-licensed environmental laboratory. Many chemical analyses are provided for compliance with city, state, and federal drinking water standards, aquifer protection permits, and wastewater NPDES/AZPDES permits. Constituents analyzed include forms of chlorine, nitrogen and Page 8 of 20 phosphorous, solids, metals, biochemical oxygen de mand, anions, and total organic carbon. Specialized soil testing is available for contaminant identification, toxicity assessments, and bioremediation support. Chemical testing and sampling for NPDES /AZPDES industrial and municipal storm water runoff permits are available. AC&T also provides process and surface water contaminant identification using ICP, SEM/EDS, and a variety of microscopic examinations. Page 9 of 20 MICROBIOLOGY Analysis Cost / Sample Method Water Soil Total Coliform Colilert SM9223B $ 30.00 n/a Colilert – MPN (QuantiTray) SM9223B $ 30.00 $ 60.00 Colilert (24 hr RUSH - Escrow) SM9223B $ 60.00 n/a Fecal Coliform Colilert -18 MPN (QuantiTray) SM9223B $ 30.00 $ 60.00 Biosolids SM9221C n/a $60.00 E. coli Colilert SM9223B $ 30.00 n/a Colilert – MPN (QuantiTray) SM9223B $ 30.00 $ 60.00 Fecal streptococcus MPN (15 tube/3 dilution series) – (1,600) SM9230B $ 45.00 $ 75.00 Each additional dilution $ 20.00 $ 20.00 Heterotrophic Plate Count (HPC) SM9215B $ 60.00 $ 85.00 Iron Bacteria (P/A Reactivity) SM9240B $ 65.00 $ 100.00 Sulfur Bacteria (P/A Reactivity) SM9240C $ 65.00 $ 100.00 Botulism Toxin Screening $ 75.00 Denitrifying Bacteria $ 65.00 Nitrifying Bacteria $ 65.00 Slime Forming Bacteria $ 65.00 Pseudomonas Screen $ 60.00 Yeast & Mold Count $ 85.00 Fungus (Genus identification) $ 85.00 Coliphage $ 200.00 Mutagenicity (AMES test) Quote Salmonella $ 45.00 $ 150.00 Aeromonas Screen $75.00 $85.00 Anaerobic Bacteria Count $75.00 $85.00 Page 10 of 20 BIOLOGY CONSULTING Consultation and Special Analyses Cost / Hour Research and Developments – Special Projects Senior Microbiologist $ 150.00 * Senior Biologist $ 150.00 * Microbiology Technician $ 85.00 * Clerical $ 50.00 * *minimum fee BIOMONITORING / BIOTOXICITY Cost / Sample Number of replicates Acute Toxicity Test (EPA Method 821-R-02-012) 2 4 5 100% vs Control (Daphnia magna/pulex, Ceriodaphnia dubia, or Pimephales promelas) 24-hr static test $ 150.00 $ 200.00 $ 250.00 48-hr static test or renewal test $ 175.00 $ 225.00 $ 300.00 96-hr static test or renewal test $ 300.00 $ 400.00 $ 450.00 Five dilution series (Daphnia magna/pulex, Ceriodaphnia dubia, or Pimephales promelas) 24-hr static test $ 400.00 $ 450.00 $ 500.00 48-hr static test or renewal test $ 450.00 $ 550.00 $ 650.00 96-hr static test or renewal test $ 550.00 $ 750.00 $ 850.00 Cost / Sample Chronic Toxicity Test (EPA Method 821-R-02-013) Cladoceran (C. dubia) survival & reproduction [USEPA 1002.0] 100% vs control (10 reps) $ 800.00 Five dilution series (10 reps) $ 1150.00 Fathead minnow (P. promelas ) survival & growth [USEPA 1000.0] 100% vs control (4 reps) $ 800.00 Five dilution series (4 reps) $ 1150.00 Algal growth test (R. subcapitata [USEPA 1003.0] 96-hr, 100% vs control (4 reps) $ 350.00 96-hr, Five dilution series (4 reps) $ 750.00 Biostimulation test (SM8111) $ 900.00 *All toxicity testing MUST be scheduled with the laboratory prior to sample submittal.* Page 11 of 20 BIOMONITORING / BIOTOXICITY SEDIMENT TOXICITY TEST Cost / Sample ASTM E 1383 5 replicates, 20 organisms per replicate, static Hyalella azteca, Chironomus spp. 10-day survival test $ 700.00 10-day survival & growth test $ 800.00 30-day survival, growth, and reproduction test $ 2200.00 EPA 600/R-94/024 8 replicates, 10 organisms per replicate, renewal Hyalella azteca $ 1300.00 Chironomus spp. $ 1300.00 PRODUCT TESTING Cost / Sample Screening $ 150.00 * *plus Acute or Chronic fees listed on the previous page. PRYMNESIN (Golden Algae ) Toxin Screen $ 150.00 *All toxicity testing MUST be scheduled with the laboratory prior to sample sub mittal.* Page 12 of 20 ORGANISM IDENTIFICATION AND QUANTIFICATION Algae Cost / Sample Identification of dominant form (to division level) $ 50.00 Identification of dominant form (to Genus level) $ 75.00 Quantification - total cell count $ 50.00 Golden algae screen $ 50.00 Golden algae screen plus identification of dominant genus $ 75.00 Golden algae screen, identification of dominant genus, photo $ 100.00 Identification, percent composition by species, and total cell count $ 250.00 Chlorophyll a $ 60.00 Chlorophyll a & Pheophytin a $ 75.00 Chlorophyll a, b, c, & Pheophytin a $ 90.00 Chlorophyll a, b, c, & Pheophytin a $ 90.00 Zooplankton Cost / Sample Identification (only) to major taxa $ 75.00 Quantification (total count) $ 60.00 Identification & Differential Quantification to major taxa $ 125.00 Aquatic Invertebrates Cost / Sample Identification includes: $ 150.00 Insects (to Order level) Nematodes(to Phylum level) Flatworms (to Class level) Annelids (to Class level) Mollusks (to Family level) Microscope Evaluations Cost / Sample Microscopic Particulate Analysis (MPA) $ 400.00 General microscopic Identification of unknown material $ 85.00/hr * Particle count / identification $ 85.00/hr * *minimum. Page 13 of 20 GENERAL CHEMISTRY ANALYSIS Water/Wastewater Analyte Cost / Sample Analyte Cost / Sample Acidity $ 25.00 Nitrogen, Total N (TKN+NO3+NO2) $65.00 Acidity / Soil $ 25.00 ORP (Redox Potential) $60.00 Alkalinity $ 25.00 Oxygen, Dissolved $25.00 Ash $50.00 Oil & Grease (HEM) Biochemical Oxygen Demand $ 45.00 Gravimetric (1664 Hexane) $ 100.00 Bromide $ 25.00 Perchlorate $175.00 Carbon Dioxide $ 50.00 pH $ 20.00 Chemical Oxygen Demand $ 55.00 Phosphorus, Total $ 35.00 Chloride $ 25.00 Phosphorus, Ortho $ 25.00 Chlorine, free $ 25.00 Silt Density Index (SDI) $75.00 Chlorine, total $ 25.00 Silica, Soluble $ 30.00 Chromium, hexavalent $ 70.00 Solids, Dissolved $ 30.00 Color $50.00 Solids, Suspended $30.00 Conductivity $25.00 Solids, Settleable $ 30.00 Corrosivity (Langlier Index) $95.00 Solids, Total $ 30.00 Cyanide (CN), total or amenable $ 65.00 Solids, Volatile $ 50.00 EDS Scan + $ 250.00 SOUR $175.00 Electrical Conductivity $25.00 SSC * (Single) $60.00 Fluoride $25.00 SSC * (Multiple) $150.00 Formaldehyde $75.00 Sulfate $ 25.00 Hardness, Total $25.00 Sulfide, Total $30.00 Iron, Ferrous $60.00 Sulfide, Dissolved $30.00 Langlier/Ryznar Index $95.00 Sulfite $50.00 MBAS (Surfactants) $100.00 Tannin/Lignin (Extractable) $125.00 Moisture % $30.00 Total Organic Carbon (TOC) $75.00 Nitrogen, Ammonia $25.00 TPHC (HEM + SGT) $125.00 Nitrogen, Kjeldahl $40.00 Turbidity $25.00 Nitrogen, Nitrate + Nitrite $25.00 Threshold Odor Number (TON) $100.00 Nitrogen, Nitrate (only) $25.00 UV254 $60.00 Nitrogen, Nitrite (only) $25.00 + Energy-dispersive X-ray spectroscopy *Suspended sediment concentration Page 14 of 20 METALS ANALYSIS Parameter Cost / Element Aluminum (Al) $20.00 Antimony (Sb) $20.00 Arsenic (As) $20.00 Barium (Ba) $20.00 Beryllium (Be) $20.00 Boron (B) $20.00 Cadmium (Cd) $20.00 Calcium (Ca) $20.00 Chromium (Cr) $20.00 Chromium, Hexavalent (Cr6) $70.00 Cobalt (Co) $20.00 Copper (Cu) $20.00 Iron (Fe), $20.00 Iron, Ferric (Fe+++) $20.00 Iron, Ferrous (Fe++) $60.00 Gold (Au) $50.00 Lead (Pb) $20.00 Lithium (Li) $20.00 Magnesium (Mg) $20.00 Manganese (Mn) $20.00 Mercury (Hg) $55.00 Molybdenum (Mo) $20.00 Nickel (Ni) $20.00 Palladium (Pd) $35.00 Potassium (K) $20.00 Selenium (Se) $20.00 Silver (Ag) $20.00 Sodium (Na) $20.00 Strontium (Sn) $20.00 Thallium (Tl) $20.00 Tin (Sn) $20.00 Vanadium (V) $20.00 Zinc (Zn) $20.00 Zirconium (Zr) $25.00 SAMPLE PREPARATION Method Number Matrices Cost/Sample 3005, 3010, 3020 Water, Wastewater $35.00 3050 Soils, Sediments, Solids $35.00 1311 (TCLP) Toxicity Characterization Leaching Procedure $125.00 1312 (SPLP) Synthetic Precipitation Leaching Procedure $150.00 ASTM Soluble Metals $30.00 Page 15 of 20 GROUP ANALYSIS Safe Drinking Water Act/Maricopa County New Source Approval Cost/Sample Inorganic Compounds Metals (Sb, As, Ba, Be, Cd, Cr, Ni, Hg, Se, Tl, Cyanide (CN), Fluoride (F), Nitrate (as N), and Nitrite (as N) $375.00 Asbestos $200.00 Recommended Inorganic Compounds Primary – As, Ba, Cd, Cr, F, Hg, NO3, NO2, Se $230.00 Secondary – Ca, Cu, Fe, Pb, Mg, Mn, Na, Zn, Alkalinity, Chloride, Hardness, pH, Sulfate, TDS $310.00 Lead (Pb) and Copper (Cu) $40.00 Langlier/Ryznar Index (pH, Temperature, Calcium Hardness, Alkalinity, TDS $95.00 Microbiology Coliform, Total (Colilert) $30.00 Radiochemical Gross α ** $75.00 Radium 226/228 (** May be required with positive detection) $215.00 Uranium (U) $180.00 Volatile Organic Compounds (EPA 524) $225.00 MTBE (methyl+butylethane) $200.00 Semi-Volatile Organic Compounds (less Dioxin & Glyphosate) EPA Methods 525.2, 531.1, 508, 515.1, 504, 548, 549.1 call 2, 3, 7, 8 – TCDD (Dioxin) EPA Method 1613 * call Glyphosate – EPA Method 547 * call *Waiver program available. Contact ADEQ for details. Disinfection By-Products Trihalomethanes (THMs) EPA Method 524.2 $160.00 Haloacetic Acids (HAAs) EPA Method 552.2 $200.00 New Source Approval (depending on parameter list) ˜ $3500.00 Microscopic Particulate Analysis (MPA) $400.00 Page 16 of 20 GROUP ANALYSIS (Continued) Resource Conservation & Recovery Act Cost/Sample Hazardous Waste Characterization pH $20.00 Paint Filter $40.00 Flash Point $100.00 Reactivity (Cyanide, Sulfide, and Water) $180.00 8 RCRA Heavy Metals by TCLP (As, Ba, Cd, Cr, Pb, Hg, Se, Ag) $320.00 8 RCRA Heavy Metals by digestion (As, Ba, Cd, Cr, Pb, Hg, Se, Ag) $230.00 13 Priority Pollutants (Sb, As, Be, Cd, Cr, Cu, Pb, Hg, Ni, Se, Ag, Tl, Zn) $330.00 Clean Water Act Cost/Sample National Pollution Discharge Elimination System (NPDES/AZPDES) Municipal Disharge Water Quality Monitoring pH $20.00 Sulfides $30.00 Total Petroleum Hydrocarbons [HEM-SGT] $100.00 Cyanide $65.00 Metals (see metals analysis section) Cost/Sample Total Toxic Organics (TTO) call Volatile Organic Compounds – EPA Methods 624/8260 $225.00 Semi-Volatile Organic Compounds – EPA Methods 625/8270 call Chlorinated Pesticides – EPA Method 608/8080 call Chlorinated Herbicides – EPA Method 615/8151 call Page 17 of 20 BIO-SOLIDS ANALYSIS Test Group Cost/Sample 503 Nutrients (NH3, TKN, NO3+NO2, P-T) $125.00 503 Metals (As, Cd, Cr, Cu, Pb, Hg, Mo, Ni, Se, Zn) $320.00 Fractional Volatile Solids Reduction $500.00 SOUR (includes TS, VSS) $165.00 Total Solids (TFS, TS, TVS) $80.00 Hazardous Waste Disposal EPA 8260 TCLP-ZHE (Volatiles) call EPA 8270 TCLP-ZHE (Semi-Volatiles) call EPA 8081 Pesticides (TCLP) call EPA 8151 Herbicides (TCLP) call Page 18 of 20 GENERAL AGRONOMY AND SOIL TESTS Test Group Method Cost/Sample Cations: Ca, Mg, Na, K, cation exchange capacity (CEC), exchangeable sodium SPAC-NAA ICP $80.00 Minor elements: Cu, Fe, Mn, Zn SPAC-DPTA $80.00 Boron SPAC-ICP $25.00 Sulfate/Sulfur ASA 79-4 $25.00 Nitrate SPAC DPTA $25.00 Kjeldahl nitrogen ASA 83-7 $45.00 Phosphate/Phosphorus SPAC DPTA $35.00 Salinity (Soluble salts/electrical conductivity) ARIZ 237B $25.00 pH ARIZ 237B $20.00 Organic matter ASA 90-3 $35.00 Cation exchange capacity ARIZ 57-3 $80.00 Chloride ARIZ 736 $25.00 Free lime (qualitated) $20.00 Lime (quantitated) $40.00 Page 19 of 20 FIELD SAMPLING/CONSULTATION FEES Field Sampling Cost Travel, per hour (2 hr minimum) $85.00 Mileage, per mile $0.75 Specimen Collection, per hour Field Biologist/Chemist $85.00 Project Manager $125.00 Principal, Senior Staff $175.00 Sample pick-up Service Routine sample pick-up $75.00 (24 hour notice is required for scheduling) Consultation Expert Witness $300.00 Research or Report Prep Field Biologist/Chemist $85.00 Project Manager $125.00 Principal, Senior Staff $175.00 Clerical $50.00 Miscellaneous Disposal Fee * $10.00 Minimum Invoice Fee $50.00 Sample Hold Charge (per sample) $10.00 Compositing Fee (per sample) $20.00 Materials (lake chemicals, equipment repair parts+10%) At cost *Applied to any sample determined to be a hazardous/special waste. Page 20 of 20 From:Rick Amalfi To:Robert Durham Subject:RE: Current Prices Date:Thursday, January 13, 2022 8:52:40 PM Attachments:image001.png image002.png image003.png image004.png image005.jpg image006.jpg Fee Schedule 2020.pdf This message originated from outside the organization. Do not click links or open attachments unless you have verified the sender and know the content is safe. Rob: I have attached the latest fee schedule (2020v) should we need to do ancillary work (e.g., algaecide applications, special testing, etc) on Fountain Lake. Chemicals are reimbursed at cost + 10% handling and environmental fee and application labor is $85.00 per hour (no change on these). The routine monitoring fee for 2022 will be $650.00 per sampling event. Samples will be collected one time per month, except for July, August and September that will have two monitoring events per month (total of 15 events annually). A breakdown of fees is presented below. Algae ID and count $ 125.00 Nutrients $ 125.00 Temp/oxygen profile $ 0.00 pH $ 0.00 Shoreline survey $ 50.00 Report preparation $ 100.00 Labor and travel $ 250.00 MONITORING ANNUAL TOTAL $ 650.00 PER SAMPLE SET x 15 SETS = $ 9,750.00 Please let me know if you have any questions or if you need this in a proposal format. Stay well, Rick From: Robert Durham [mailto:rdurham@fountainhillsaz.gov] Sent: Thursday, January 13, 2022 2:34 PM To: ramalfi@aquaticconsulting.com Subject: Re: Current Prices Okay thanks! Get Outlook for iOS From: Rick Amalfi Sent: Thursday, January 13, 2022 2:14:34 PM To: 'Robert Durham' Subject: RE: Current Prices This message originated from outside the organization. Do not click links or open attachments unless you have verified the sender and know the content is safe. Sorry Rob. Been battling with labor shortage from lots of Covid “exposures”. I will try to get this to you within a few days. Thank you for your patience. Rick From: Robert Durham [mailto:rdurham@fountainhillsaz.gov] Sent: Monday, January 10, 2022 7:21 AM To: 'ramalfi@aquaticconsulting.com' Cc: Patti Lopuszanski Subject: RE: Current Prices Importance: High Just circling around on this….. Thanks, Rob Rob Durham Procurement Administrator Town of Fountain Hills p: (480) 816-5128 m: (816) 786-8931 a: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 w: www.fh.az.gov e: rdurham@fh.az.gov Follow us on: From: Robert Durham Sent: Monday, January 3, 2022 7:13 AM To: 'ramalfi@aquaticconsulting.com' Cc: Patti Lopuszanski Subject: RE: Current Prices Morning, Just checking in. Once I receive the new pricing/fee schedule I’ll draft an agreement document reflecting those changes. Thanks, Rob Rob Durham Procurement Administrator Town of Fountain Hills p: (480) 816-5128 m: (816) 786-8931 a: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 w: www.fh.az.gov e: rdurham@fh.az.gov Follow us on: From: Robert Durham Sent: Tuesday, December 7, 2021 2:53 PM To: 'ramalfi@aquaticconsulting.com' <ramalfi@aquaticconsulting.com> Subject: RE: Current Prices Thanks for getting back to me. If you update the pricing (does not have to be in a proposal format) that should work. Rob Rob Durham Procurement Administrator Town of Fountain Hills p: (480) 816-5128 m: (816) 786-8931 a: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 w: www.fh.az.gov e: rdurham@fh.az.gov Follow us on: From: Rick Amalfi <ramalfi@aquaticconsulting.com> Sent: Tuesday, December 7, 2021 2:56 PM To: Robert Durham <rdurham@fountainhillsaz.gov> Subject: Current Prices This message originated from outside the organization. Do not click links or open attachments unless you have verified the sender and know the content is safe. Rob: Your email was forwarded to me from Chris Christian of our staff. We have kept the lake monitoring costs steady over the years for you. However, we have had some fee increases on most testing since this was signed and our treatment chemical costs have definitely increased. I can go through this and update it if you would like. Do you need it in a proposal format? Rick Amalfi Laboratory Director, VP Frederick A. Amalfi, Ph.D. Aquatic Consulting & Testing, Inc. 1525 W. University Dr. Suite 106 Tempe, Arizona 85281 Phone 480-921-8044 Fax: 480-921-0049 e-mail: ramalfi@aquaticconsulting.com Laboratory Lic. # AZ0003 OPM QP 1360 Bus. Lic. 4418 CLM 91-01M ​Disclaimer: All messages created in this system are the property of the Town of Fountain Hills, Arizona and should be considered a public record subject to disclosure under the Arizona Public Records Law (ARS 39-121). Town employees, town public officials, and those who generate email to them, should have no expectation of privacy related to the use of this technology. ​Disclaimer: All messages created in this system are the property of the Town of Fountain Hills, Arizona and should be considered a public record subject to disclosure under the Arizona Public Records Law (ARS 39-121). Town employees, town public officials, and those who generate email to them, should have no expectation of privacy related to the use of this technology.