AMENDMENT NO. 3 TO CONTRACT NO. C24187444
BETWEEN THE CITY OF PALO ALTO AND
STEPHEN CIARI PLUMBING AND HEATING, INC.
This Amendment No. 3 (this "Amendment") to Contract No. C24187444 (the "Contract" as defined below) is entered into as of August 12, 2024 by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and STEPHEN CIARI PLUMBING AND HEATING, INC., a California corporation, located at 1054 Elm Street, San Jose, CA 95126 Telephone Number: 408- 296-6010 ("CONTRACTOR"). CITY and CONTRACTOR are referred to collectively as the "Parties" in this Amendment.
RECITALS
A The Contract (as defined below) was entered into by and between the Parties hereto for the provision of backflow prevention inspection services, as detailed therein.
B. The Parties now wish to amend the Contract in order to increase compensation by One Hundred Sixty-Seven Thousand Seven Hundred Nineteen dollars and Seventy-Six Cents ($167,719.76) from One Hundred Sixty Thousand Nine Hundred Thirty-Seven Dollars and Eighty- Seven Cents ($160,937.87) for a not to exceed amount of Three Hundred Twenty-Eight Thousand Six Hundred Fifty-Seven Dollars and Sixty-Three Cents ($328,657.63); extend the term for six months, from December 31, 2024 until June 30, 2025 as specified in this Amendment.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term "Contract" shall mean Contract No. C24187444 between CONSULTANT and CITY, dated June 19, 2023, as amended by:
Amendment No. 1, dated July 1, 2024
Amendment No. 2, dated July 1, 2024
Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 3, "TERM" of the Contract is hereby amended to read as follows:
"The term of this Agreement is from December 31, 2024 to June 30, 2025 indusive, subject to the provisions of Sections R and W of the General Terms and Conditions." SECTION 3. Section 5, "COMPENSATION FOR ORIGINAL TERM" of the Contract is hereby amended to read as follows:
Vers.: Aug. 5, 2019
"CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any:
The total maximum lump sum compensation of Two Hundred Ninety-Eight Thousand Seven Hundred Eighty dollars and Eighty-Seven cents ($298,780.87); OR
The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR
A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of dollars ($ ).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY.
CITY has set aside the sum of Twenty-Nine Thousand Eight Hundred Seventy-Seven dollars ($29,877.00) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY's request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR's proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement."
SECTION 4. The following exhibits) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachments) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit "C" entitled "SCHEDULE OF FEES", AMENDED, REPLACES PREVIOUS.
SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
Vers.: Aug. 5, 2019
SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
Vers.: Aug. 5, 2019
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO STEPHEN CIARI PLUMBING AND
HEATING, INC.
City Manager
By:_
Name: Jacob Cari
APPROVED AS TO FORM:
Title: V-Pres
City Attorney or designee
or thenna Cari
Name: Theresa Cari
Title: CFO
Attachments:
Exhibit "C" entitled "SCHEDULE OF FEES", AMENDED, REPLACES PREVIOUS Vers.: Aug. 5, 2019
EXHIBIT C
SCHEDULE OF FEES AMENDMENT NO. 3
AMENDED, REPLACES PREVIOUS
Base Bid for June 2024 through June 2025
APPROX UNIT UNIT PRICE TOTAL ITEM
QTY. PRICE
001 160 Each Test/certify 1/2"- I" Reduced Pressure Principle $ 537.761.80 Assemblies (RP); Double Check Valve/Detector $236.03
Assemblies (DC); and Pressure Vacuum Breaker
Two Hundred Thirty-Six Dollars and Three Cents
(Unit Price. in Words)
002 170 Each Test/certify I 1/4" -2 1/2" RP, DC, and PVB. $ Two Hundred Fifty-Three Dollars and Ninety-Four Cents $253.94 $43,169.80 (Unit Price. in Words)
003 7 Each Test/certify 3" RP and DC backflows. $ $
Three Hundred Fourteen Dollars and Seventy-One Cents $314.71 $2,202.97 (Unit Price. in Words)
004 13l Each Test/certify 4" RP and DC backflows. $ $
$472.06 $6,136.78
Four Hundred Seventy-Two Dollars and Six Cents
(Unit Price, in Words)
005 Each Test/certify 6" RP and DC backflows. $ $
Six Hundred Twenty-Nine Dollars and Forty-One Cents $629.41 $4,405.87 (Unit Price, in Words)
006 Each Test/certify 8" RP and DC backflows. $ $
Six Hundred Twenty-Nine Dollars and Forty-One Cents $629.41 $2,517.64 {Unit Price, in Words)
007 50 Each Test/certify 2" and 3" CPAU Hydrant Meter RP $ $ backflows. $236.03 $11,801.50
Two Hundred Thirty-Six Dollars and Three Cents
(Unit Price. in Words)
008 15 Each Repair w/ rubber kit and retest 1/2" - I" RP, PVB and DC backflows $476.56 $7,148.40
• Four Hundred Seventy-Six dollars and Fifty-Six Cents
(Unit Price. in Words)
009 15 Each Repair w/ rubber kit and retest 1 1/4" - 2 1/2" RP, PVB $ and DC backflows $476.56 $7,148.40
Four Hundred Seventy-Six Dollars and Fitty-Six Cents
(Unit Price, in Words)
Vers.: Aug. 5, 2019
010 1 Each Repair w/ rubber kit and retest 3" RP and DC $ $476.56 $476.56
backflows
Four-Hundred Seventy-Six Dollars and Fifty-Six Cents
(Unit Price, in Words)
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BID APPROX UNIT DESCRIPTION, WITHUNIT PRICE IN WORDS UNIT PRICE TOTAL ITEM ITEM QTY. (PRICE SHALL INCLUDE ALL APPLICABLE TAXES) PRICE 011 1 Each Repair w/ rubber kit and retest 4" RP and DC $ $ backflows $765.25 $765.25
Seven Hiit dred Sixty-Five Dollars and Twenty-Five Cents (Unit Price, in Words)
012 1 Each Repair w/ rubber kit and retest 6" RP and DC $ $ backflows $1,065.30 $1,065.30
One Thousand Sixty-Five Dollars and Thirty Cents
(Unit Price, in Words)
013 1 Each Repair w/ rubber kit and retest 8" RP and DC $ $ backflows $1,114.14 $1,114.14
One Thousand One Hundred Fourteen Dollars and Fourteen Cents (Unit Price, in Words)
014 4 Each Replace and retest 1/2' - 1. DC, RP and PVB backflows. $ One Thousand Two Hundred Twenty-Seven Dollars and Fifty-Two Cents $4,910.08 $1,227.52
init Price, in voro
015 Each eplace and retest 11/4" - 21/2" DC, RP and Pl $ $ backflows. $3,405.16 $13,620.64
Three Thousand Four Hundred Five Dollars and Sixteen Cents (Unit Price. in Words)
016 1 Each Replace and retest 3" RP and DC backflows $
$3,682.26 $3,682.26
Three Thousand Six Hundred Eighty-Two Dollars and Twenty-Six Cents (Unit Price. in Words)
017 1 Each Replace and retest 4" RP and DC backflows $ $ $4,542.37 $4,542.37
Four Thousand Five Hundred Forty-Two Dollars and Thirty-Seven Cents (Unit Price. in Words)
Grand Total (items 001 through 017, with all applicable taxes included) $
One Hundred Fifty-Two Thousand Four Hundred Seventy-Two Dollars and Seventy-Six Cents $152,472.76 Total in Words
Vers.: Aug. 5, 2019