WHEREAS, District entered into Contract No. CV-DB with Shimmick Construction Co., Inc. for Contract Package 4 (CP4); and

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3 Resolution No Sonoma-Marin Area Real Transit District July 20, 2016 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SONOMA-MARIN AREA RAIL TRANSIT DISTRICT APPROVING A CHANGE ORDER TO CONTRACT NO. CV-DB RELATED TO THE PATHWAY CONSTRUCTION BETWEEN COLLEGE AVENUE AND GUERNEVILLE ROAD WHEREAS, District entered into Contract No. CV-DB with Shimmick Construction Co., Inc. for Contract Package 4 (CP4); and WHEREAS, Contract Change Order No. 030 provides for construction of the College Avenue to Guerneville Road Multi-Use-Pathway; and WHEREAS, Contract CV-DB was approved through a competitive solicitation and procurement process and the work included in this Change Order is consistent with the scope of work previously awarded; and WHEREAS, this Change Order meets the specifications and requirements of Contract No. CV-DB ; and WHEREAS, Contractor and SMART staff negotiated a final cost of $734, for this Change Order; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the foregoing recitals are true and correct. 2. That Change Order No. 030, a copy of which is attached hereto and incorporated herein as Exhibit A, is hereby approved. Page 1 of 2

4 Resolution No Sonoma-Marin Area Real Transit District July 20, 2016 PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Sonoma-Marin Area Rail Transit District held on the 20 th day of July, 2016, by the following vote: DIRECTORS: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Judy Arnold, Chair, Board of Directors Sonoma-Marin Area Rail Transit District Leticia Rosas-Mendoza, Clerk of the Board of Directors Sonoma-Marin Area Rail Transit District Page 2 of 2

5 Change Order 030 Contract No.: CV-DB Contract Title: Contract Package 4 Exhibit "A" Issued to: Shimmick Construction Co., Inc Edgewater Drive, Suite 202 Oakland, CA Phone: (510) Change Notice Reference: 040 R2 CO Title: New Pathway College Ave. to Guerneville Rd. The Contract Price due to this CO will change by: $ 734, The Contract Performance Time due to the CO will be change by: 61 calendar days EXCEPT AS MODIFIED BY THIS CHANGE ORDER, ALL TERMS AND CONDITIONS OF THE CONTRACT, AS PREVIOUSLY MODIFIED, REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. THE PARTIES AGREE THAT THIS CHANGE ORDER IS A FINAL AND EQUITABLE ADJUSTMENT OF THE CONTRACT TIME AND CONTRACT AMOUNT AND CONSTITUTES A MUTUAL ACCORD AND SATISFACTION OF ALL CLAIMS, CURRENT OR FUTURE, OF WHATEVER NATURE CAUSED BY OR ARISING OUT OF THE FACTS AND CIRCUMSTANCES SURROUNDING THIS CHANGE ORDER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT AND CONSEQUENTIAL COSTS; ADDITIONAL TIME FOR PERFORMANCE; AND THE IMPACT OF THE CHANGE SPECIFIED IN THIS CHANGE ORDER, ALONE OR TAKEN WITH OTHER CHANGES, ON THE UNCHANGED WORK. Description of change: Design and construct a multi-use pathway segment for approximately one mile length from College Avenue to Guerneville Road grade crossing. Pathway shall be designed and constructed in accordance with SMART Design Criteria chapter 3 and shall include grading, drainage, signing, striping, paving, fencing and retaining walls (see SMART pathway Typical section below). Minimum specified clearance in the Design Criteria from centerline of tracks must be maintained at all times. The wok shall include mobilization; survey; grading; cut and fill; subgrade; ditches and drainage; Concurred By: Concurred By: Assistant Engineer Ahmed Thleiji District Chief Engineer Bill Gamlen The undersigned agrees to the terms and conditions described herein. Contractor Acceptance Sonoma-Marin Area Rail Transit Title: Project Representative Title: General Manager (Authorized Signature for Contractor) (Authorized Signature for Owner) Osama Martell Farhad Mansourian Page 1 of 2

6 Change Order 030 Contract No.: CV-DB Contract Title: Contract Package 4 AC paving, retaining walls, pipe barrier, signage and striping, SWPPP, and QC testing. SMART facilities i.e. track prism, walkways, and utilities must be protected. The contractor shall coordinate with local jurisdictions. In addition to design and construction work, this change order adds 61 calendar days to Contract Package 4 and consequently extending the DP5 pathway milestone to 10/31/2016. SMART Pathway Typical Section Compensation for this Change Order will be made by adding the following Pay Item(s): Pay Item No. Funding Source CO X College Avenue to Guerneville Road Pathway Description Unit Qty. Unit Price Item Total LS 1.00 $734, $734, Initials: Assistant Engineer Contractor Chief Engineer Page 2 of 2