12 04 25 UT - Third Amendment to CPA - ASR Construction Group LLC - End Date 05 31 26

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AMENDMENT NO. 3 TO THE COOPERATIVE PURCHASING AGREEMENT 
BETWEEN 
THE CITY OF TOLLESON 
AND 
ASR CONSTRUCTION GROUP LLC 
THIS AMENDMENT NO. 3 TO THE COOPERATIVE PURCHASING AGREEMENT (this “Third 
Amendment”) between the CITY OF TOLLESON, an Arizona municipal corporation (the “City”) and 
ASR CONSTRUCTION GROUP LLC, an Arizona limited liability company, (the “Contractor”), 
(collectively, “the parties”), is hereby entered into and shall be effective on the last signature 
date set forth below.   
Note: Amendment changes are noted with additions in bold font and deletions in strikeout font. 
 
RECITALS 
 
A. 
The City and the Contractor entered into a Cooperative Purchasing Agreement 
dated October 23, 2024, based upon the City of Peoria JOC No. ACON15023, as amended 
(collectively, the “Cooperative Contract”), for JOC Water & Wastewater Treatment and Remote 
Facilities Projects (the “Services”).  A copy of the Cooperative Contract is on file with the City 
Clerk’s office and is incorporated herein by reference. 
 
B. 
The City and the Contractor desire to amend the Agreement to increase the 
compensation paid to the Contractor. 
AGREEMENT 
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are 
incorporated herein by reference, the following mutual covenants and conditions, and other 
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, 
the City and the Contractor hereby agree as follows: 
 
1. 
The parties agree to amend Paragraph 3 Compensation of the Agreement, as 
follows: 
 
3.   
Compensation.  The City’s payments to the Contractor (if any) shall not 
exceed an aggregate amount of $3,000,000.00 $6,000,000.00 for each fiscal year, July 1st 
through June 30th, for the Services at payment rates that shall be agreed upon by the 
parties. If an entire fiscal year does not fall within the Term of this Agreement, the 
aggregate compensation limit for that partial year shall be reduced to an amount equal 
to the compensation limit multiplied by a factor having as its numerator the number of 
days in the partial fiscal year and as its denominator the number three hundred sixty-five 
(365).

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2. 
Effect of Amendment. In all other respects, the Agreement is affirmed and ratified 
and, except as expressly modified herein, all terms and conditions of the Agreement shall remain 
in full force and effect. 
3. 
Non-Default. By executing this  Third Amendment, the Contractor affirmatively 
asserts that (i) the City is not currently in default, nor has it been in default at any time prior to 
this Third Amendment, under any of the terms or conditions of the Agreement and (ii) any and 
all claims, known and unknown, relating to the Agreement and existing on or before the date of 
this Second Amendment are forever waived. 
4. 
Conflict of Interest. This Third Amendment and the Agreement may be canceled 
by the City pursuant to A.R.S. § 38-511. 
 
 
 
[SIGNATURES APPEAR ON FOLLOWING PAGES.]