21-0402_W.A. RASIC CONSTRUCTION CO., INC._Amd 2 to Services AgreementPage 1 of 3
AMENDMENT NO. 2
TO THE 2019 ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER
MAINTENANCE AND REPAIR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
W. A. RASIC CONSTRUCTION COMPANY, INC.
1.Parties and Date.
This Amendment No. 2 to the 2019 ON-CALL WATER, STORM DRAIN, AND
SANITARY SEWER MAINTENANCE AND REPAIR SERVICES AGREEMENT is made and
entered into as of this 2nd day of April, 2021, 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 W. A. Rasic
Construction Company, Inc., a California corporation with its principal place of business at 4150
Long Beach Boulevard, Long Beach, CA 90807 ("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 “2019
ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER MAINTENANCE AND
REPAIR SERVICES AGREEMENT” dated April 2, 2019, (“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.
2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Sections
3.1.2 and 3.5.9 of the Agreement.
Page 2 of 3
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 April 2, 2019, 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 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 this
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.
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3/25/2021