ORDINANCE S-52869
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO SEPARATE MASTER AGREEMENTS WITH FOUR CONTRACTORS TO PROVIDE AVIATION ARCHITECTURAL CONSTRUCTION JOB ORDER CONTRACTING SERVICES; TO EXECUTE AMENDMENTS TO THE AGREEMENTS AS NECESSARY WITHIN THE COUNCIL-APPROVED EXPENDITURE AUTHORITY; TO TAKE ALL NECESSARY UTILITIES-RELATED ACTIONS; FURTHER GRANTING AN EXCEPTION TO PHOENIX CITY CODE § 42-20 AND AUTHORIZING INCLUSION IN THE TRANSACTION DOCUMENTS INDEMNIFICATION AND ASSUMPTION OF LIABILITY PROVISIONS THAT WOULD OTHERWISE BE PROHIBITED BY PHOENIX CITY CODE § 42-18; AND FURTHER AUTHORIZING THE CITY CONTROLLER TO DISBURSE FUNDS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as follows:
SECTION 1. The City Manager, or his designee, is authorized to execute four separate master agreements with FCI Constructors, Inc.; Builder’s Guild, Inc.; BWC Enterprises Inc. DBA Woodruff Construction; and W.E. O’Neil Construction Co. of Arizona to provide Aviation Architectural Job Order Contracting (JOC) services for the Aviation Department. The term of each master agreement will be up to five years,
or up to thirty-five million dollars ($35,000,000), whichever occurs first, and includes all subcontractor and reimbursable costs. Work scope identified and incorporated into the master agreements prior to the end of the term may be agreed to by the parties, and work may extend past the termination of the master agreements. No additional changes may be executed after the end of the term. The total fee for all services will be up to one hundred forty million dollars ($140,000,000). Payments may be made up to agreement limits for all rendered agreement services, which may extend past the agreement termination.
SECTION 2. The City Manager, or his designee, is authorized to execute job order agreements performed under these master agreements for up to four million dollars ($4,000,000) each. In no event will any job order agreement exceed this limit without Council approval to increase the limit.
SECTION 3. The City Manager, or his designee, is authorized to execute amendments to the agreements as necessary within the Council-approved expenditure authority.
SECTION 4. The City Manager, or his designee, is authorized to take all action as may be necessary or appropriate to execute all design and construction agreements, licenses, permits, and requests for utility services relating to the development, design, and construction of the project. Such utility services include, but are not limited to: electrical, water, sewer, natural gas, telecommunications, cable television, railroads, and other modes of transportation.
SECTION 5. The City Council grants an exception pursuant to Phoenix City Code § 42-20 and authorizes inclusion in the transaction documents the indemnification and assumption of liability provisions that would otherwise be prohibited by Phoenix City Code § 42-18. This authorization excludes any transaction involving an interest in real property.
SECTION 6. The City Controller is authorized to disburse all funds for the
purposes of this ordinance.
PASSED by the City Council of the City of Phoenix this 20th day of May 2026.
Kate Gallego
M A Y O R
ATTEST:
Denise Archibald
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie Kriegh, City Attorney
By: Micah Ray Alexander
Micah Ray Alexander, Assistant Chief Counsel
REVIEWED BY:
Ed Zuercher
Ed Zuercher, City Manager
Pub: June 4, 2026