20-0522_CHARLES KING COMPANY_Amendment 2 to 2018 On-Call Maintenance and Repair Services AGreementAMENDMENT NO.2
TO THE 2018 ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER
MAINTENANCEAND REPAIR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
CHARLES KING COMPANY
1. Parties and Date.
This Amendment No. 2 to the 2018 ON-CALL WATER, STORM DRAIN, AND
SANITARY SEWER MAINTENANCE AND REPAIR SERVICES AGREEMENT is made and
entered into as of this 22nd day of May, 2020, by and between the City of San Juan Capistrano, a
municipal organization organized under the laws of the State of California with its principal place of
business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and Charles King
Company, a California corporation with its principal place of business at 2841 Gardena Ave, Signal
Hill, CA 90755 ("Contractor"). City and Contractor are sometimes individually referred to as
"Party" and collectively as "Parties."
2. Recitals.
2.1 Contractor. The City and Contractor have entered into an agreement entitled 112018
ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER MAINTENANCE AND
REPAIR SERVICES AGREEMENT" dated May 23, 2018, ("Agreement") for the purpose of
retaining the services of Contractor to provide maintenance and repair services for on-call water,
storm drain, and sanitary sewer systems.
2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to
extend the term of the Agreement. The parties have heretofore entered into Amendment No. 1 dated
May 16, 2019.
2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Sections
3.5.9 and 3.1.2 of the Agreement.
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3. Terms.
3.1 Amendment. Section 3.1.2 of the Agreement is hereby amended in its entirety to read
as follows:
3.1.2 Term. The term of this Agreement shall commence on May 23, 2018, and
expire three (3) years from the commencement date, unless earlier terminated as provided herein.
Contractor shall complete the Services within the term of this Agreement and shall meet any other
established and mutually agreed upon schedules and deadlines and shall meet any other established
schedules and deadlines set forth in the Task Order. All applicable indemnification provisions of this
Agreement shall remain in effect following the termination of this Agreement.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by
Amendment No. 1 and this Amendment No. 2.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 2.
3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
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SIGNATURE PAGE
FOR AMENDMENT NO.2
2018 ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER
MAINTENANCEAND REPAIR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND CHARLES KING COMPANY
CITY OF SAN JUAN CAPISTRANO CHARLES KING COMPANY
Approved By:
Benlonlid Sjpder Signat
City Manager
D6I'V'1
Name
Date PV'�..Sl
Attested�T Title
M is Morris, i Jerk
Date
Approved As To Form:
City Attorney
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