Extracted text (via pymupdf)
18019 characters
CONTRACT NO: 2020-3110 Page 1
FCD2020A026 PCN: 050.02.01
STATE OF ARIZONA
DEPARTMENT OF WATER RESOURCES
1110 West Washington Street, Suite 310
Phoenix, AZ 85007
This Agreement is entered into by the FLOOD CONTROL DISTRICT OF MARICOPA COUNTY (“DISTRICT”),
pursuant to A.R.S. § 48-3603, and the DIRECTOR of the ARIZONA DEPARTMENT OF WATER RESOURCES
(“DEPARTMENT”), pursuant to A.R.S. § 11-952.
This document, including the General Provisions, Special Provisions, Scope of Services, and any attachments, shall constitute
the entire agreement between the parties and supersedes all other understandings, oral or written.
Service: Provision of Interferometric Synthetic Aperture Radar (InSAR) Products
Term: Effective through December 31, 2025
The parties hereto agree to carry out the Provisions of this Agreement.
FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY
ARIZONA DEPARTMENT OF WATER RESOURCES
Signature of Authorized Individual
Date
Signature of Authorized Individual
Date
Michael A. Fulton
Thomas Buschatzke
Typed Name
Typed Name
Director
Director
Typed Title
Typed Title
CONTRACT NO: 2020-3110
Page 2
FCD2020A026 PCN: 050.02.01
CONTENTS PAGE
THIS AGREEMENT CONSISTS OF:
Page No.
1.
COVER PAGE
1
2.
CONTENTS PAGE
2
3.
GENERAL PROVISIONS
3
4.
SPECIAL PROVISIONS
6
5.
SCOPE OF SERVICES
A. Purpose
7
B. Effective Date
7
C. Term
7
D. Notices, Correspondence and Reports
7
E. Payment
7
F.
Introduction
8
G. Scope of Work
8
H. Schedule of Deliverables and Payments
9
6.
LEGAL DETERMINATION
10
CONTRACT NO: 2020-3110
Page 3
FCD2020A026 PCN: 050.02.01
GENERAL PROVISIONS
1. GENERAL REQUIREMENTS:
1.1. The parties shall obtain and maintain all licenses, permits and authority necessary to perform their obligations
pursuant to this Agreement, and shall comply with all applicable state, federal and local laws, including but not
limited to those regarding unemployment insurance, disability insurance and worker’s compensation. This
Agreement does not relieve either party from any obligation or responsibility imposed upon it by law.
1.2. Neither party shall be considered an employee or agent of the other. No monitoring or supervisory responsibility
over the other party’s activities arises on the part of the other or arises as a result of, or pursuant to, this Agreement
other than as expressly provided herein.
1.3. In this Agreement, Special Provisions alter the General Provisions. If the Special Provisions conflict with the
General Provisions, the Special Provisions shall govern. If the Scope of Services conflicts with either the Special
Provisions or the General Provisions, the terms of the Scope of Services shall govern.
1.4. The provisions of this Agreement are severable to the extent that if any provision is held unenforceable under
applicable law, the remaining provisions of the Agreement shall remain in effect.
1.5. This Agreement shall be interpreted in accordance with Arizona law. Disputes arising out of this Agreement are
subject to the jurisdiction of the Superior Court of the State of Arizona.
2. INDEMNIFICATION:
Each party to this Agreement is independently responsible in the event of its own negligence. Neither party agrees to
indemnify the other party.
3. RESOLUTION OF DIFFERENCES:
3.1. The parties agree to resolve all conflicts to the maximum extent possible through cooperation and coordination of the
respective party’s staff. If staff is unable to resolve any dispute, it shall be submitted for resolution to the Department
of Water Resources’ Water Planning and Permitting Division Assistant Director.
3.2. Disputes arising out of this Agreement are subject to arbitration to the extent required by A.R.S. § 12-133 and § 12-
1518. Disputes not subject to arbitration are subject to the jurisdiction of the Maricopa County Superior Court.
3.3. The waiver of any breach or default of any of the provisions of this Agreement shall not be construed as a waiver of
any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either Party to
exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any
breach or default by the other Party.
4. TERMINATION:
4.1. Each party shall have the right to terminate this Agreement in whole or in part, with or without cause, by providing
the other party written notice of termination, effective fifteen (15) calendar days subsequent to the mailing by
certified mail of such Notice of Termination. If the termination is partial, the parties shall continue to perform those
portions of the services described in this Agreement which have not been terminated.
4.2. In the event of Termination as provided in subsection 4.1:
4.2.1. The Department shall deliver to the District all work in progress, and any completed documents, programs, data
and other information or deliverables as described in this Agreement.
4.3. The District, Department or the State of Arizona may cancel this Agreement without penalty or further obligation
CONTRACT NO: 2020-3110
Page 4
FCD2020A026 PCN: 050.02.01
GENERAL PROVISIONS
pursuant to A.R.S. § 38-511, which provides for cancellations of any contract made by the State, its political
subdivisions, or any of the departments or agencies of either if any persons significantly involved in initiating,
negotiating, securing, drafting or creating the contract on behalf of the State, its political subdivisions or any of the
departments or agencies of either is, at any time while the contract or any extension of the contract is in effect, an
employee or agent of any other party of the contract with respect to the subject matter of the contract.
4.4. In the event of cancellation under Section 4.3 of this Agreement or if the term of the Agreement expires the
Department shall receive or return Payment as established in Section 6.2.
4.5. In the event that the parties mutually agree to terminate a portion of the services described in this Agreement, the
Department shall continue to perform services described in this this Agreement to the extent not terminated under the
provisions of this Section and receive or return Payment as established in Section 6.2.
5. NON-DISCRIMINATION:
The Parties shall comply with State Executive Order No. 75-5, as amended by State Executive Order No. 2009-9, and all
other applicable Federal and State laws, rules and regulations relating to equal opportunity and non-discrimination,
including the Americans with Disabilities Act.
6. PAYMENTS:
6.1. Payments made by the District to the Department pursuant to this Agreement are conditioned upon the availability to
the District of monies authorized for expenditure in the manner and for the purpose provided herein. The District
shall not be liable for any purchases entered into by the Department in anticipation of such funding.
6.2. Payments are conditioned upon receipt of an applicable, accurate and complete invoice prepared by the Department
in accordance with the Department’s normal format and customary documentation. In the event of any conflict
between this Agreement and any invoice, this Agreement shall prevail.
6.3. If the Department is determined by the District to be in default in the performance of any obligation under this
Agreement, the District, may, at its option and in addition to other available remedies, either adjust the amount of
payment or withhold payment until satisfactory resolution of the default.
7. BOOKS, RECORDS, AND INSPECTION:
All books, accounts, reports, files, and other records relating to the Agreement shall be subject at all reasonable times to
inspection and audit by the State of Arizona and the Department for five (5) years after completion of the Agreement. Such
records shall be produced at such state offices as are designated by the State of Arizona and the Department.
8.
NOTICES:
Whenever notice is required pursuant to this Agreement, such notice shall be in writing and shall be directed to the
persons and addresses specified in the Scope of Services or to such other persons and/or addresses as either party may
designate to the other party in writing. Notice shall be delivered in person or by certified mail, return receipt requested.
9.
AMENDMENTS:
Amendments to this Agreement shall not be effective unless in writing and signed by all parties.
10. SUBCONTRACTS:
Proposals to subcontract any Task or work described in this Agreement must be approved by the Department. Any
subcontractor shall comply with the terms and conditions of the provisions of this Agreement and applicable law.
CONTRACT NO: 2020-3110
Page 5
FCD2020A026 PCN: 050.02.01
GENERAL PROVISIONS
11. WAIVERS:
Neither the District nor the Department shall waive or modify any condition or requirement contained in or made a part of
this Agreement without a written amendment signed by the parties. The waiver of any breach or default of any of the
provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions.
12. DELIVERABLES:
Upon receipt of a Deliverable, as defined in Task 2 of Scope of Services Section G, the District shall have a reasonable
time period, not to exceed 45 days, to review the Deliverable. If the District identifies deficiencies in a Deliverable, the
District shall provide the Department written comments and shall establish a time period by which the identified
deficiencies shall be corrected. If the deficiencies are not corrected within this time frame, the District reserves the right
to terminate the Agreement immediately upon sending written notice of such termination.
13. REPORTS, INFORMATION AND DATA:
Ownership of all reports, information, data, computer data elements and software prepared by the Department in
performance of this Agreement shall vest jointly in the parties. Subject to applicable State and Federal laws and
regulations, the parties shall have full and complete rights to reproduce, duplicate, disclose and otherwise use all such
information. In doing so, each party shall give credit for the contribution of the others.
CONTRACT NO: 2020-3110
Page 6
FCD2020A026 PCN: 050.02.01
SPECIAL PROVISIONS
None
CONTRACT NO: 2020-3110
Page 7
FCD2020A026 PCN: 050.02.01
SCOPE OF SERVICES
A. PURPOSE:
The purpose of this Agreement is to provide support for Interferometric Synthetic Aperture Radar (InSAR) products to
detect differential subsidence due to groundwater withdrawal at areas of ground movement being studied by the District.
B. EFFECTIVE DATE:
This Agreement shall become effective upon the date it is executed by all parties.
C. TERM:
This Agreement shall be effective through December 31, 2025
D. NOTICES, CORRESPONDENCE AND REPORTS:
1.
Notices, correspondence, and deliverables from the Department to the District shall be sent to:
Program Administrator:
Steve Brown
Flood Control District of Maricopa County
2801 W Durango St
Phoenix, AZ 85009
Email: steve.brown@maricopa.gov
Phone: 602-506-5426
2.
Notices, correspondence, and payments from the District to the Department shall be sent to:
Contract Officer:
Scott Selin
Arizona Department of Water Resources
1110 West Washington Street, Suite 310
Phoenix, AZ 85007
Email: sdselin@azwater.gov
Phone: (602) 771-8508
Fax: (602) 771-8686
3.
Any reports and inquiries regarding the technical aspects of this Agreement should be made to:
Technical Administrator:
Brian Conway
Arizona Department of Water Resources
1110 West Washington Street, Suite 310
Phoenix, AZ 85007
Email: bdconway@azwater.gov
Phone: (602) 771-8667
Fax: (602) 771-8690
E. PAYMENT:
The District shall contribute $27,000 to the Department annually for the term of this Agreement for cost sharing in the
InSAR products and deliverables upon receipt of an invoice.
CONTRACT NO: 2020-3110
Page 8
FCD2020A026 PCN: 050.02.01
SCOPE OF SERVICES
F.
INTRODUCTION:
InSAR has proven to be a valuable tool in detecting differential subsidence due to groundwater withdrawal at areas of
ground movement being studied by the District. Interferometry has the capability to detect and quantify minute changes in
terrain elevation by comparing phase variances of satellite-based, side-looking radar data between satellite orbits of a
similar trajectory. Subtle variations in the shape of ground deformation lend considerable insight regarding the influence
of local geologic conditions on the distribution of resultant horizontal strains. In turn, this aids in predicting the location
and timing of future ground movement and rupture. The continued use of InSAR is needed to provide a regional
delineation of subsidence behavior and monitoring of ground movement at District dams and other structures.
G. SCOPE OF WORK:
Task 1:
The Department shall produce all InSAR products for ground deformation monitoring in a GeoTIFF format,
accompanied by a metadata text file, describing in detail the various parameters and source information for the image
obtained. To ensure annual coverage, the Department shall obtain a minimum of four (4) images of each study area
per year. The detailed metadata format should initially be structured considering the Federal Geographic Data
Committee (FGDC) standards for geospatial metadata. Once the ISO/Technical Committee 211 prepares Remote
Sensing Extensions for the ISO metadata standard ISO 19115, the format should be adjusted to conform. For
differential InSAR products, the following information will be documented, at a minimum:
•
General
•
Status (preliminary, draft, final...)
•
Date of Submission
•
Spatial reference data
•
Description of software used to process data
•
Source of SAR data (identify satellite)
•
Identity of processor, including contact, phone, and address
•
Data acquisition times
•
Duration, in both months and days
•
Dimension of full fringe of interferometric display
•
Pixel· size
•
Specify trajectory of satellite at acquisitions, including directions, incident angles and
ascension/dissension made of satellite
Task 2:
Subsequent to an analysis of preliminary detection imagery, xyz files of the unwrapped differential interferograms
will be provided. The most convenient and readily usable format for this information appears to be ESRI grid. Each
SAR image and differential interferogram should be formatted accordingly, and included in a Deliverable, with both
xyz files in ESRI grids and companion GeoTIFF image files.
Regions of decorrelation in processed differential interferograms will be presented in both masked and unmasked
formats. A full-fringe parameter equal to ½ of the radar wavelength and a color spectrum of blue-green-
yelloworange-red are most desirable for GeoTIFF differential interferogram images.
A signal track (z-dimension) accuracy of about plus/minus 3 millimeters (mm) is acceptable for ground subsidence
monitoring.
CONTRACT NO: 2020-3110
Page 9
FCD2020A026 PCN: 050.02.01
SCOPE OF SERVICES
The Department shall provide InSAR products for areas of interest that include the following District structures
unless otherwise authorized in writing by the District:
•
McMicken Dam Study Area-bound by Grand Avenue to the North and Northern Avenue to the South
•
White Tanks FRS No. 3 Study Area-bound by Olive Avenue to the North and Camelback Road to the
South
•
White Tanks FRS No. 4 Study Area-bound by 187th Avenue to the East and 211th Avenue to the West
•
Buckeye FRS No. 1 Study Area-bound by AZ 85 to the East and the Hassayampa River to the West
•
Powerline FRS, Vineyard Road FRS, and Rittenhouse FRS (“PVR”) Study Area-bound by US 60 to the
North and Queen Creek to the South.
Deliverable: The Department shall submit the InSAR products for the McMicken Dam, White Tanks FRS No. 3,
White Tanks FRS No. 4, and Buckeye FRS No. 1 Study Areas (“West Valley InSAR”) to the District annually by
December 31. The Department shall submit the InSAR products for the PVR Study Area to the District annually by
June 30.
Task 3:
Pending the availability of funds under this Agreement, the District and the Department may agree in writing on the
acquisition of additional InSAR products for areas of interest in addition to the areas of interest specified above.
CONTRACT NO: 2020-3110
Page 10
FCD2020A026 PCN: 050.02.01
LEGAL DETERMINATION
The attached Agreement between the Arizona Department of Water Resources and the District has been reviewed by the
undersigned attorneys, who have determined that said Agreement is in proper form and is within the powers and authority
of those parties represented by the undersigned.
Dated this day of , 2020
Arizona Department of Water Resources
By: _______________________________
Counsel
Dated this day of , 2020
Maricopa County Flood Control District
By: _____________________________
Counsel
Approved and Accepted:
By:____________________________________________
Chairman, Board of Directors Date
Attest:
By:____________________________________________
Clerk of the Board Date