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.
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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.