Amendment to IGA with State of Arizona

City of Glendale — Regular Meeting (2024-04-23)

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Page 1 of 4 
 
ADOT CAR No.: IGA 21-0008103-I 
Amendment No. One: 24-0009575-I 
AG Contract No.: P0012021000530 
Project Location/Name: Palmair Ave; 46th 
Ave; Bethany Home Rd; Grand Ave 
Type of Work: Central Core Sidewalk GAP 
Closures 
Federal-aid No.: GLN-0(264)T 
ADOT Project No.: T0311 01D/03D/01C 
TIP/STIP No.: GLN24-042D, GLN24-042CL 
CFDA No.: 20.205 - Highway Planning and 
Construction 
Budget Source Item No.: N/A 
 
 
AMENDMENT NO. ONE 
TO 
 
 
 
 
 
INTERGOVERNMENTAL AGREEMENT 
 
BETWEEN 
THE STATE OF ARIZONA 
AND 
THE CITY OF GLENDALE 
 
 
THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the “Amendment No. 
One”), is entered into this date ______________________________, pursuant to Arizona Revised Statutes 
(“A.R.S.”) §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and 
through its DEPARTMENT OF TRANSPORTATION (the "State" or “ADOT”) and the CITY OF 
GLENDALE, acting by and through its MAYOR and CITY COUCIL (the “City”).The State and the City 
are each individually referred to as a “Party” and are collectively referred to as the “Parties.” 
 
WHEREAS, the INTERGOVERNMENTAL AGREEMENT, IGA 21-0008103-I, A.G. Contract No. 
P0012021000530, was executed on May 20, 2021, (the “Original Agreement”); 
 
WHEREAS, the State is empowered by A.R.S. § 28-401 to enter into this Amendment No. One and 
has delegated to the undersigned the authority to execute this Amendment No. One on behalf of the 
State;  
 
WHEREAS, the City is empowered by A.R.S. § 48-572 to enter into this Amendment No. One and has 
by resolution, if required, a copy of which is attached and made a part of, resolved to enter into this 
Amendment No. One and has authorized the undersigned to execute this Amendment No. One on 
behalf of the City; and  
 
NOW THEREFORE, in consideration of the mutual terms expressed herein, the purpose of 
this Amendment No. One is to revise Project costs; Exhibit A is revised and replaced 
accordingly. The Parties desire to amend the Original Agreement, as follows: 
 
The Parties incorporate the paragraphs set forth above and Exhibit A as part of the body of 
this Amendment No. One.

IGA: 21-0008103-I 
 
Amendment No. One: 24-0009575-I 
 
 
Page 2 of 4 
 
I. 
RECITALS 
 
(NO CHANGES) 
 
 
II. SCOPE OF WORK 
 
Section II, Paragraph 2.e., is revised,  as follows: 
 
2. The State will: 
 
e. After completion of design and prior to bid advertisement, invoice the City for the actual 
PDA costs, as applicable, and the City’s share of the Project construction costs, estimated 
at $157,893. After the Project costs for construction are finalized, the State will either 
invoice or reimburse the City for the difference between estimated and actual costs. De-
obligate or otherwise release any remaining federal funds from the Scoping/design 
phase of the Project. 
 
 
Section II, Paragraph 3.d., is revised, as follows: 
 
3. The City will: 
 
d. After completion of design, within 30 days of receipt of an invoice from the State and 
prior to bid advertisement, pay to the State, any outstanding PDA costs and the City’s 
share of the Project construction costs, estimated at $157,893, and if applicable, the 
difference between the final and initial construction cost estimates. Be responsible for 
and pay the difference between the estimated construction cost and the Project bid 
amount prior to award. After Project completion, be responsible for and pay any 
outstanding Project costs, within 30 days of receipt of an invoice. 
 
 
III. MISCELLANEOUS PROVISIONS 
 
Section III, Paragraph 21. is revised, as follows: 
 
21. Contractor Certifications. The Parties shall certify that all contractors comply with the 
applicable requirements of A.R.S. §§ 35-393.01 and 35-394.  
 
 
EXCEPT AS AMENDED, ALL OTHER terms and conditions of the Original Agreement remain in full 
force and effect.

IGA: 21-0008103-I 
 
Amendment No. One: 24-0009575-I 
 
 
Page 3 of 4 
 
THIS AMENDMENT NO. ONE shall become effective upon the full completion of signing and dating 
by all Parties to this Amendment No. One.  
 
IN ACCORDANCE WITH A.R.S. § 11-952 (D), the written determination of each Party’s legal counsel 
providing that the Parties are authorized under the laws of this State to enter into this Amendment 
No. One and that the Amendment No. One is in proper form is set forth below. 
 
IN WITNESS WHEREOF, the Parties have executed this Amendment No. One the day and year first 
above written. 
 
CITY OF GLENDALE 
 
 
 
By ________________________________________Date_________________________ 
        JERRY WEIERS 
        Mayor 
 
 
 
ATTEST: 
 
 
 
By ________________________________________Date__________________________ 
        JULIE K BOWER 
        City Clerk 
 
 
I have reviewed the above referenced Amendment No. One to the Original Agreement between the 
State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF 
GLENDALE, an agreement among public agencies which, has been reviewed pursuant to A.R.S. §§ 
11-951 through 11-954 and A.R.S. § 48-572 and declare this Amendment No. One to be in proper 
form and within the powers and authority granted to the City under the laws of the State of Arizona. 
 
No opinion is expressed as to the authority of the State to enter into this Amendment No. One. 
Approved as to Form: 
 
 
 
By ________________________________________Date__________________________ 
       City Attorney

IGA: 21-0008103-I 
 
Amendment No. One: 24-0009575-I 
 
 
Page 4 of 4 
 
ARIZONA DEPARTMENT OF TRANSPORTATION 
By ________________________________________Date__________________________ 
      STEVE BOSCHEN, PE 
      Infrastructure Delivery and Operations Division 
 
A.G. Contract No. P0012021000530 (ADOT IGA 21-0008103-I Amendment No. One: 24-
0009575-I), an Agreement between public agencies, the State of Arizona and the City of 
Glendale has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 28-401 
by the undersigned Assistant Attorney General who has determined that it is in the proper form 
and is within the powers and authority granted to the State of Arizona. No opinion is expressed 
as to the authority of the remaining Parties, other than the State or its agencies, to enter into 
said Amendment No. One. 
By ________________________________________Date__________________________ 
      Assistant Attorney General

EXHIBIT A
Palmair Avenue - 46th Avenue - Bethany Home Road - Grand Avenue
Cost Estimate
IGA: 21-0008103-I
Amendment No. One: 24-0009575-I
T031101D/03D/01C
The Project costs are estimated as follows:
Original
Amend #1
AMENDED TOTAL
Executed Date:
20-May-21
Pending
ADOT Project Development Administration (PDA) Cost (01D):
Federal-aid funds @ 94.3%
28,290.00
$           
-
$                       
28,290.00
$             
City's match @ 5.7%
1,710.00
$              
1,710.00
$               
City's contribution @ 100%
10,000.00
$           
10,000.00
$             
Subtotal - PDA
40,000.00
$          
40,000.00
$           
Scoping/Design (03D):
Federal-aid funds @ 94.3%
207,649.00
$         
-
$                       
207,649.00
$          
City's match @ 5.7%
12,551.00
$           
-
$                       
12,551.00
$             
City's contribution @ 100%
40,000.00
$           
40,000.00
$             
Subtotal - Scoping/Design
260,200.00
$       
-
$                      
260,200.00
$        
Construction (01C):*
Federal-aid funds @ 94.3%
2,078,162.00
$     
533,990.00
$       
2,612,152.00
$      
City's match @ 5.7%
125,615.00
$         
32,278.00
$          
157,893.00
$          
Subtotal - Construction
2,203,777.00
$   
566,268.00
$     
2,770,045.00
$    
Estimated TOTAL Project Cost
2,503,977.00
$   
566,268.00
$     
3,070,245.00
$    
City Funds
189,876.00
$       
32,278.00
$        
222,154.00
$        
Federal Funds
2,314,101.00
$   
533,990.00
$     
2,848,091.00
$    
 *(Includes 15% construction engineering (CE) and administration cost (this percentage is 
subject to change, any change will require concurrence from the City) and 5% Project 
contingencies)
** (The City has been invoiced and paid $64,261.00 for PDA and scoping/design and will be 
invoiced for the construction costs estimated at $157,893.00