2020A025 IGA DEPTHAREAREDUCTIONFACTORSTUDY.DOCX.PDF

DocuSign Envelope ID: C3F49DB5-11D0-4E96-B910-115A2A23F62D
ADOT CAR No.: IGA 20-0008046-I
AG Contract No.: P0012021000047
Project Location/Name: Statewide
Type of Work: Depth-Area
Reduction Study
Federal-aid No.: MPDM021
ADOT Project No.: P2103 01P
TIP/STIP No.:
CFDA No.: 20.205 - Highway
Planning and Construction
Budget Source Item No.:
IGA FCD: 2020A025
Intergovernmental Agreement
between
Arizona Department of Transportation
and the
Flood Control District of Maricopa County
for
Developing Depth-Area Reduction Factors for Arizona
THIS INTERGOVERNMENTAL AGREEMENT (Agreement) is entered into this date
________________________________, pursuant to the Arizona Revised Statutes (“A.R.S.”) §§ 11-951 through
11-954. 48-3603(C)(9), as amended, between the STATE OF ARIZONA, acting by and through its
DEPARTMENT OF TRANSPORTATION (the “State” or “ADOT”) and the FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY, acting by and through its BOARD OF DIRECTORS (the “FCDMC”). The
State and the FCDMC are collectively referred to herein as “Parties”, or individually as a “Party”.
STATUTORY AUTHORIZATION
1. The State is empowered by A.R.S. § 28-401 to enter into this Agreement and has delegated
to the undersigned the authority to execute this Agreement on behalf of the State.
2. The FCDMC is empowered by A.R.S. §48-3603, as revised, to enter into this Agreement and
has authorized the undersigned to execute this Agreement on behalf of the FCDMC.
THEREFORE, in consideration of the mutual terms expressed in this Agreement, it is agreed as
follows:
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BACKGROUND
3. The Hydrometeorological Design Studies Center (HDSC) within the Office of Water
Prediction (OWP) of the National Oceanic and Atmospheric Administration’s National
Weather Service (NOAA/NWS) updates point precipitation frequency estimates for various
regions of the United States and affiliated territories. These estimates are published in
NOAA Atlas 14.
4. NOAA Atlas 14 is divided into volumes based on geographic sections of country. For the
state of Arizona, NOAA Atlas 14 products were officially released in 2003 as NOAA Atlas 14
Volume 1 Version 2.0: Precipitation-Frequency Atlas of the United States, Semiarid Southwest.
Since then, several updated versions of the study have been released, with marginal effect
on Arizona estimates.
5. Point precipitation frequency estimates from NOAA Atlas 14 are only representative of a
limited area around the point and as such cannot be directly used in many applications that
require areal precipitation frequency estimates. The areal reduction factor (ARF) is a
concept that has been widely applied in engineering design to convert point precipitation
depth for a specified duration and frequency into average precipitation depth over an area
for the same duration and frequency. ARF is used to reduce the point precipitation values
obtained from the NOAA Atlas values based on the drainage area.
6. ARF values have historically been based on the same rainfall data and methodology for
frequency analysis that generated NOAA Atlas 14. However, updated areal reduction factor
values have not been released from NOAA since the release of NOAA Atlas 14 in 2003. Based
on recent communication with NOAA, NOAA will not develop these values for Arizona in the
foreseeable future. However, NOAA is amenable to development of areal reduction factors
by FCDMC for Arizona.
7. The current FCDMC Drainage Design Manual, Hydrology Volume includes areal reduction
curves developed in 1974 for the 6-hour storm event and 1984 for the 24-hour storm event.
Recent studies have been compared to gage data and other storm evidence, and have shown
that updates are needed. In many cases areal reduction should be increased, which would
decrease the areally-averaged rainfall. This could have a significant impact on the design of
flood control structures. This update could potentially decrease the required size of flood
control structures.
8. The FCDMC will develop updated areal reduction factors that will be used to develop
probabilistically correct areal precipitation frequency estimates for a comprehensive range
of durations and areas for any location within Arizona. The objective is to develop ARF
values that could be used to convert point rainfall from NOAA Atlas 14 Volume 1 for Arizona
to average areal rainfall for average recurrence intervals between one year and 1,000 years,
durations up to seven days and areas up to 4,000 km2 (STUDY). This effort will be
performed by a private consultant working for the FCDMC (FCDMC STUDY Consultant). The
FCDMC STUDY Consultant will provide technical submittals (STUDY Submittals) as
determined in the contract between the FCDMC and a FCDMC STUDY Consultant.
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PURPOSE OF THE AGREEMENT
9. The purpose of this Agreement is to identify and define responsibilities of the Parties for the
STUDY.
TERMS OF THE AGREEMENT
10. ADOT shall:
10.1. Fund $60,000 of the STUDY with funding it will receive from the Federal Highway
Administration (FHWA).
10.2. Participate on the panel to select the FCDMC STUDY Consultant.
10.3. Upon full execution of a contract between the FCDMC and a FCDMC STUDY Consultant,
and within 30 calendar days of receipt of an invoice from the FCDMC, provide payment
to the FCDMC for ADOT’s share of the cost of the STUDY. ADOT will be responsible for
reviewing the expenses incurred and paid, as shown on the expense ledger report,
provided by FCDMC for eligibility and to ensure match requirements are met.
10.4. Provide to the FCDMC review comments for STUDY Submittals within 15 business days
of receipt of the submittals. If ADOT does not respond within the 15 business days,
ADOT shall be deemed to have accepted the submittal without comment.
11. The FCDMC shall:
11.1. Fund estimated $380,000 of the STUDY. FCDMC’s share will be funded from the
FCDMC’s secondary tax levy revenues, and FCDMC funding shall be subject to its
availability within the FCDMC’s Operating Budget.
11.1.1. FHWA reimbursement requires spending $15,000 as the federal aid match for the
Study.
11.2. Serve as lead agency for the STUDY.
11.3. Contract with a consultant to complete the study.
11.4. After full execution of a contract between the FCDMC and a FCDMC STUDY Consultant,
and spending at least $15,000, submit reimbursement request to MPD Finance
at mpdinvoice@azdot.gov, providing all necessary documentation, for expenses
incurred and paid, as shown on the FCDMCs expense ledger report, for reimbursement,
not to exceed $60,000.00.
11.5. Provide ADOT the STUDY submittals, and allow 15 business days from the date of the
ADOT’s receipt of the STUDY submittals for review and comments. The FCDMC shall
incorporate ADOT’s comments into the STUDY as appropriate. If ADOT has not
responded within the 15 business days review period, it will be assumed that ADOT
has no comments.
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11.6. Provide ADOT with cost summary associated with the STUDY when the project is
complete..
12. This Agreement shall become effective upon signing and dating of the Determination Letter
by the State’s Attorney General.
13. Any change or modification to the STUDY will only occur with the mutual written consent of
both Parties.
14. The FCDMC shall indemnify, defend, and hold harmless the State, any of its departments,
agencies, officers or employees (collectively referred to in this paragraph as the “State”) from
any and all claims, demands, suits, actions, proceedings, loss, cost and damages of every kind
and description, including reasonable attorneys' fees and/or litigation expenses (collectively
referred to in this paragraph as the “Claims”), which may be brought or made against or
incurred by the State on account of loss of or damage to any property or for injuries to or
death of any person, to the extent caused by, arising out of, or contributed to, by reasons of
any alleged act, omission, professional error, fault, mistake, or negligence of the FCDMC, its
employees, officers, directors, agents, representatives, or contractors, their employees,
agents, or representatives in connection with or incident to the performance of this
Agreement. The FCDMC’s obligations under this paragraph shall not extend to any Claims to
the extent caused by the negligence of the State, except the obligation does apply to any
negligence of the FCDMC which may be legally imputed to the State by virtue of the State’s
ownership or possession of land. The FCDMC’s obligations under this paragraph shall survive
the termination of this Agreement.
15. The terms, conditions and provisions of this Agreement shall remain in full force and effect
until completion of the STUDY and all related deposits and/or reimbursements are made.
16. This Agreement may be cancelled at any time up to 30 days before the award of the contract
between the FCDMC and the FCDMC STUDY Consultant, so long as the cancelling Party
provides at least 30 days’ prior written notice to the other Party.
17. The Parties warrant compliance with the Federal Funding Accountability and Transparency
Act of 2006 and associated 2008 Amendments (the “Act”). Additionally, in a timely manner,
the FCDMC will provide information that is requested by the State to enable the State to
comply with the requirements of the Act, as may be applicable.
18. The FCDMC acknowledges compliance with federal laws and regulations and may be subject
to the CODE OF FEDERAL REGULATIONS, TITLE 2, PART 200 (also known as The Uniform
Grant Guidance). Entities that expend $750,000.00 or more (on or after 12/26/2014) of
federal assistance (federal funds, federal grants, or federal awards) are required to comply by
having an independent audit in accordance with §200.331 Subpart F. Either an electronic or
hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial
Management Services within the required deadline of nine months of the sub recipient fiscal
year end.
ADOT – FMS
Attn: Cost Accounting Administrator
206 S 17th Ave. Mail Drop 204B
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IGA 20-0008046
Phoenix, AZ 85007
SingleAudit@azdot.gov
19. The FCDMC acknowledges and will comply with Title VI of the Civil Rights Act Of 1964.
20. This Agreement shall be governed by and construed in accordance with Arizona laws.
21. This Agreement may be cancelled in accordance with A.R.S. § 38-511.
22. The FCDMC shall retain all books, accounts, reports, files and other records relating to the
Agreement for five years after completion of the Project. These documents shall be subject at
all reasonable times to inspection and audit by the State. Such records shall be produced by the
FCDMC at the request of ADOT.
23. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public
Law 101-336, 42 U.S.C. 12101-12213) and all applicable Federal regulations under the Act,
including 28 CFR Parts 35 and 36. The Parties to this Agreement shall comply with Executive
Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated by
reference regarding “Non-Discrimination.”
24. Non-Availability of Funds: Every obligation of the State under this Agreement is conditioned
upon the availability of funds appropriated or allocated for the fulfillment of such obligations.
If funds are not allocated and available for the continuance of this Agreement, this Agreement
may be terminated by the State at the end of the period for which the funds are available. No
liability shall accrue to the State in the event this provision is exercised, and the State shall not
be obligated or liable for any future payments as a result of termination under this paragraph.
25. In the event of any controversy, which may arise out of this Agreement, the Parties agree to
abide by arbitration as is set forth for public works contracts if required by A.R.S. § 12-1518.
26. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.
27. The Parties shall certify that all contractors comply with the applicable requirements of A.R.S.
§35-393.01.
28. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may be
amended.
29. All notices or demands upon any Party to this Agreement shall be in writing and shall be
delivered electronically, in person, or sent by mail, addressed as follows:
For Agreement Administration:
Arizona Department of Transportation Flood Control District of
Joint Project Agreement Section Maricopa County
205 S. 17th Avenue, Mail Drop 637E Attn: Special Projects Branch
Phoenix, AZ 85007 Manager
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JPABranch@azdot.gov Address 2801 W. Durango St.
Phoenix, AZ 85009
Phone #602-506-1501
Fax #602-506-4601
For Project Administration:
Arizona Department of Transportation Flood Control District of
Roadway Engineering Group Maricopa County
205 S. 17th Avenue Attn: Special Projects Branch
Phoenix, AZ 85007 Manager
602.712.7808 Address 2801 W. Durango St.
Phoenix, AZ 85009
Phone #602-506-1501
Fax #602-506-4601
For Financial Administration:
Arizona Department of Transportation Flood Control District of
Roadway Engineering Group Maricopa County
205 S. 17th Avenue Attn: Finance Branch
Phoenix, AZ 85007 Address 2801 W. Durango St.
602.712.7808 Phoenix, AZ 85009
Phone #602-506-4605
Fax #602-506-4601
30. Any revisions to the names and addresses above may be updated administratively by either
Party and shall be in writing.
31. In accordance with A.R.S. § 11-952 (D), attached and incorporated in this Agreement is the
written determination of each Party’s legal counsel that the Parties are authorized under
the laws of this State to enter into this Agreement and that the Agreement is in proper
form.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below.
STATE OF ARIZONA
Department of Transportation
By ______________________________
STEVE BOSCHEN, PE
Division Director
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DocuSign Envelope ID: C3F49DB5-11D0-4E96-B910-115A2A23F62D
IGA 20-0008046
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
a political subdivision of the State of Arizona
Recommended by:
4/6/2021
Michael A. Fulton Date
Director
Approved and Accepted:
By:
Chairman, Board of Directors Date
Attest:
By:
Clerk of the Board Date
The foregoing agreement has been reviewed pursuant to Arizona Revised Statutes § 11-952, as
amended, by the undersigned General Counsel, who has determined that it is in property form and
within the powers and authority granted to the Flood Control District of Maricopa County under
the laws of the State of Arizona.
4/6/2021
Flood Control District General Counsel Date
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