ORDINANCE S-52855 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO THREE SEPARATE MASTER AGREEMENTS TO PROVIDE CONCRETE AND ASPHALT RESTORATION JOB ORDER CONTRACTING SERVICES FOR THE WATER SERVICES DEPARTMENT; TO TAKE ALL NECESSARY UTILITIES-RELATED ACTIONS; TO GRANT AN EXCEPTION TO PHOENIX CITY CODE § 42-18 TO INCLUDE INDEMNIFICATION AND ASSUMPTION OF LIABILITY PROVISIONS; 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 three separate master agreements with: 1. ViaSun Corporation, 2. Sunland Asphalt & Construction, LLC, and 3. Talis Construction Corporation to provide Concrete and Asphalt Restoration Job Order Contracting services on an as needed basis. Services to be provided are as follows: to remove of temporary asphalt patch (cold mix) and replace with permanent hot mix; remove and replace concrete curb and gutter, sidewalk ramps, and driveways; adjust utilities including manhole frames, covers, valve boxes, and survey monuments; and install 1/2 sack controlled low strength material or Aggregate Base Course. The contract term for each master agreement is for five years or up to thirty-six million dollars ($36,000,000), whichever occurs first. The total combined value for all agreements will not exceed one hundred eight million dollars ($108,000,000). Individual job order agreements for specific work under each master agreement may not exceed four million dollars ($4,000,000); any agreement exceeding this amount must be approved by City Council. Work scope identified and incorporated into the agreement prior to the end of the term may be agreed to by the parties, and work may extend past the termination of the agreement. No additional changes may be executed after the end of the term. Further the City Manager, or his designee, is authorized to execute amendments to the agreements as necessary within the Council-approved expenditure authority. SECTION 2. The City Manager or his designee is further authorized to take all actions deemed necessary to execute all design and construction agreements, licenses, permits, and requests for utility services associated with the project’s development, design, and construction. SECTION 3. The City Council grants an exception pursuant to Phoenix City Code 42-20 to authorize the inclusion of indemnification and assumption of liability provisions within the transaction documents that otherwise would be prohibited by Phoenix City Code 42-18. SECTION 4. The City Controller is authorized to disburse the necessary 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