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HomeMy WebLinkAbout2000-03-06 City Council (15)TO: City of Palo Alto HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:MARCH 6, 2000 CMR:157:00 SUBJECT:AWARD OF CONTRACT TO BIANCHI CONSTRUCTION IN THE AMOUNT OF $130,276 AND APPROVAL OF AMENDMENT #1 TO HOHBACH-LEWIN, INC.FOR THE WILKIE WAY BRIDGE RESURFACING PROJECT RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract with Bianchi Construction in the amount of $130,276 for Capital Improvement Program (CIP) project 19708, Wilkie Way Bridge Resurfacing.. °Authorize the City Manhger or her designee to negotiate and execute one or more change orders to the contract with Bianchi Construction for related, additional but unforeseen work, which may develop during the project, the total value of which shall not exceed $19,500. Authorize the City Manager or her designee to execute the attached contract amendment for $7,000 to Hohbach - Lewin, Inc. for professional consultant services including construction administration. DISCUSSION Project Description The work to be performed urider the construction contract is for bridge and walkway resurfacing, related maintenance, and light fixture installation at the bicycle bridge and walkway on Wilkie Way. Construction administration is not part of the scope of services for design work but a logical extension of it and standard practice in the construction industry consisting of answering design-related questions that come up during construction. CMR: 157:00 Page 1 of 2 Bid Process A notice inviting formal bids for the bridge resurfacing project was sent to 13 builders exchanges and given to 28 contractors. The bidding period was 27 days. A pre-bid meeting was held on January 18, 2000. Bids were received from eight qualified contractors on February 8, 2000, as listed on the attached bid summary (Attachment A). Bids ranged from a high of $190,456 to a low bid of’ $130,276. Contractors not responding indicated that they did not submit a bid because they already have enough work at this time. Staff has reviewed all bids submitted and recommends that the bid of $130,276 submitted by Bianchi Construction be accepted and that Bianchi Construction shall be declared the lowest responsible bidder. The bid is 18 percent below the staff estimate of $160,000. The change order amount of $19,500,which equals 15 percent of the total contract, is requested because hidden conditions may be uncovered when the existing planks are removed and the bridge deck supports are exposed. Staff checked references supplied by the contractor for previou~ work performed and found no significant complaints. Staff also checked with the Contractor’s State License Board and found that the contractor has an active license on file. RESOURCE IMPACT This project will decrease the need for maintenance on the deck of the bridge and walkway and will alleviate some of the maintenance done by Public Works Operations. The lights~ will add to the maintenance duties of Public Works Facilities since none of the existing standard fixtures used by the Utilities Department were appropriate in this location. ENVIRONMENTAL REVIEW This is a maintenance project and is therefore categorically exempt from CEQA. ATTACHMENTS Attachment A:Bid Summary Attachment B:Contract Attachment C:Amendment No. 1 to Contract No. C8102949 PREPARED BY: Karen Bengard, Senior Engineer DEPARTMENT HEAD: /~ /~’ ~ GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL:’-~EI~II~LY HARRISON Assistant City Manager CMR:157:00 Page 2 of 2 ATTACHMENT A zzO o ~ o i~ ¯ "- o ATTACHMENT B FORMAL CONTRACT SECT.ION 500 CONTRACT No. C0120211 (Public Work) This Contract, number ~ dated , is entered into by and between the City of Palo Alto;, a chartere~l city and a municipal corporation of the State of California ("City"), and Georcle Bianchi Construction, Inc., a. Californina Corporation, ("Contractor"). For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor ("the parties") agree: 1.Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date of reeordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. General Scope of Project and Work. Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows: Title of Project:Wilkie Way Bicycle Bridge and Pathway Resurfacing Project Invitation for Bid Number 120211 Total Bid:$ 130,275.85 o Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of precedence. g. h. I.j. k. This Contract. Invitation For Bid. Project Specifications. Drawings.. Change Orders.°~ Bid. Supplementary Conditions. General Conditions. Standard Drawings and Specifications (1992). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specificat!ons (1992). Any other document not expressly mentioned herein which is issued by City or entered into by the parties. compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. ~surance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the CITY OF PALO ALTO IFB 120211 PAGE 1 OF7 FORMAL CONTRACT SECTION 500 Project. Contractor shall furnish City with the certificates of insurance and with odginal endorsements affecting coverage required under this Contract on or. before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section ~ of this Contract. 10. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, adsing, in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter. To the extent contractor will use hazardous materials in connection with the execution of its obligations under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council members, officers and employees from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may in, cur, arising, in whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts Or omissions under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§9601-6975, as amended);the Resource Conservation and Recovery ACt (42 U.S.Co §§6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. §§2601-2692~ as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, §§25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, §§25100-25250.25, as amended); th, e Safe Ddnking Water and Toxic Enforcement Act (Health & Safety Code, §§25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, §§25280-25299.7, as amended); or under any other Ioca!, state or federal law, statute or ordinance, or at common law. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any of its Coun.cil members, officers, employees, agents or representatives. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its dghts under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in stdct compliance with the covenants, terms and conditions of this Contract. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination in employment and hazardous materials.- Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Invitation For Bid. CITY OF PALO ALTO IFB 120211 ,PAGE 2 OF7 FORMAL CONTRACT SECTION 500 11.Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants: Any materials and equipment which shall be used during the course and scope of the~ Pro.qje~t and Work shall be vested in Contractor; Any materials and equipment which shall be used during ihe course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required; Co Any labor and services rendered and materia~ls and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; do eo Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. Any information submitted by Contractor prior to the award of Cor~tract, or thereafter, upon request, whether or not submitted under a continuing obligation by the term.s of the Contract to do so, is true and correct at the time such information is submitted or made available to the City; Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractors Bid, except as may be permitted by the Invitation For Bid; Contractor has the power and authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority.conferred upon the person or persons authorized to bind Contractor; ho Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project Manager or any other person who has directly contributed to City’s decision to award the contract to Contractor; There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor’s ability to perform under the Contract; Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other wdtten information as may be requested of Contractor by City.from time to time during the term of this Contract; Contractor and any person’performing labor and services under this Project are duly licensed by the State of California as required by California Business & Professions Code Section 7028, as amended; and Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. 12.Assi.qnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. 13.Claims of Contractor. All claims pertain!ng to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by. certified or registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City. CITY OF PALO ALTO IFB 120211 PAGE 3 OF7 FORMAL CONTRACT SECTION 500 14.Audits bv City. During the term of this Contract and for a period of not less than three (3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contract.or has no such hours, during the regular business hours of City. 15.Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission. To City:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to:City of Palo Alto Pubilic Works Department, Engineering Division 250 Hamilton Ave P.O. Box 10250 Palo Alto, CA 94303 To Contractor: Attn: Karen Bengard, Project Manager Georg~ Bianchi Construction, Inc. 775-A Mabury Road San Jose, CA 95133-1023 16. Attn: G. John Bianchi, Jr., President A~propriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after such expenditures have been approved in advance in writing in accordance with applicable Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the event of a conflict with any other provision of this Contract. 17.Miscellaneous. ao Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor. Consent, Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. Co Controlling Law. The parties agree that this .Contract shall be governed and construed by and in accordance with the Laws of the State of California. d.Definitions. The defir~itions and terms set forth in Section 1 of the Standard Drawings and CiTY OF PALO ALTO IFB 120211 PAGE 4 OF7 FORMAL CONTRACT Specifications (1992) of this Contract are incorporated herein by reference. SECTION 500 Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract which directly results from an Act of God or ar~ act of a superior governmental authority. Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. Incorporation of Documents. All documents constituting the Contract documents described in Section 3 hereof and all documents which may; from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. ~ ho Integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Contract. Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless such modification is agreed to in wdting and signed by the parties.. jo Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All previsions, whether covenants or conditions, shall be deemed to be both covenants and conditions. Resolution. Contractor shall submit with its Bid a copy of any corporatd or partnership resolution or other writing, which authorizes any director, officer or other employee or partneP to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. m=Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor.shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. o p° qo Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. Time of the Essence. Time is of the essence of this Contract and each of its previsions, In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. Venue. In the event that suit is brought by either party hereunder, the p~rties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Santa Clara in the City of San Jose or in the United States Distdct Court for the Northern District of California in the City" of San Jose. Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs, including reasonable attorney’s fees, incurred or expended in connection with such action against the non-prevailing party. CITY OF PALO ALTO IFB 120211 PAGE 5 OF7 FORMAL CONTRACT SECTION 500 IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of Palo Alto, County of Santa Clara, State of California on the date first stated above. ATTEST:CITY OF PALO ALTO By: City Clerk Its Mayor APPROVED AS TO FORM: Senior Assistant City Attorney APPROVED:GEORGE BIANCHI CONSTRUCTION, INC. .Assistant City Manager Director of Public Works Director of Administrative Services Contract.Manager (Insurance Review) By: Name: Title: By: Name: Title: (Compliance with Califomia Corporations Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) CITY OF PALO ALTO IFB 120211 PAGE 6 OF7 FORMAL CONTRACT SECTION 500 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF COUNTY OF On , before me; , a notary public in and for said County, personally appeared , personally known to me "(or proved tome on the basis of satisfactory evidence) to be the person.(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) CITY OF PALO ALTO IFB 120211 PAGE 7 OF7 ATTACHMENT C AMENDMENT NO. 1 TO CONTRACT NO C8102949 BETWEEN THE CITY OF PALO ALTO AND HOHBACH-LEWIN, INC. FOR CONSULTING SERVICES This Amendment No.1 to Contract No. C8102949 ("Contract") ~is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and Hohbach-Lewin, Inc., a California Corporation, located at 260 Sheridan Avenue, Suite 150, Palo Alto, CA 94306 ("CONSULTANT"). RECITALS: WHEREAS, the Contract was entered into between the parties for the provisionof professional consulting services; and WHEREAS, the parties wish to amend the Contract; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provision of this Amendment, the parties agree: follows: SECTION I. Section 3.12 is hereby added to read as "3.12 Construction Stage-Administration of the Construction Contract (a) The Construction Stage will commence with the award of the construction contract and will terminate when final payment is made by CITY to the construction contractor. (b) The City shall provide for the administration of the construction contract. (c) CONSULTANT shall attend pre-construction meetings and answer questions, regarding the plans and specifications prepared by CONSULTANT. (d) CONSULTANT shall at all times have access to the work wherever it is in preparation or in progress. (e) CONSULTANT shall make periodic visits to the site as necessary to become generally familiar with the progress and quality of the work and to determine in general if the work is proceeding in a manner indicating that the work, when completed, 000224 10677-00006 mcr 0282505.wpd 0 will be in accordance with the contract documents~ On the basis of on-site observations, CONSULTANT shall endeavor to guard CITY against defects and deficiencies in the work if it fails to meet th% requirements of the contract documents. CONSULTANT shall not be required to make continuous on-site inspections to check the quality or quantity of the work, provided that the limited extent of review furnished by CONSULTANT for the services it agrees to provide, in no way shall reduce or lessen its responsibility for the construction means, methods, techniques, sequences or procedures or for safety precautions and programs employed in connection with the work, and shall not be responsible for the contractor’s failure to carry out the work in accordance, with the terms of the contract documents. (f) CONSULTANT shall interpret the technical requirements of the contract documents and advise CITY on the issuance of technical instructions to the contractor. (g) CONSULTANT shall review and take appropriate professional action on laboratory, shop and mill tests, reportsof equipment performance, shop drawings, samples, and other submissions of the contractor, but only for conformance with the design concept of the Project and for compliance with the construction contract documents. (h) CONSULTANT shall prepare supplementary sketches required in order to clarify or supplement the original contract documents during the Construction Stage of work. (i) CONSULTANT shall assist CITYin preparing change ~orders. (j) CONSULTANT shall observe the ~initial operation of the Project, or of performance tests required by the contract plans and specifications. (k) If required by CITY, CONSULTANT shall assist CITY in the start-up, testing and operation of the equipment prior to acceptance of the Project by CITY. (i) CONSULTANT shall conduct site visits, accompanied by a representative of CITY, to 000224 10677-00006 mcr 0282505owpd 0 -- 2 D determine the dates of substantial completion and final completion. Further, CONSULTANT shall make a declaration that the Project is in conformance with the design concept and is in general compliance with the contract documents.° (m) CONSULTANT shall attend weekly meetings throughout the Construction Phase with the contractor and representative of CITY and shall prepare and submit to all concerned parties minutes of the meeting attended. (n) CONSULTANT shall provide the Project Manager with one copy of the p~ans and specifications and a complete set of four mil minimum thickness, good quality transparent mylar drawings of the completed Project. (hereafter referred to as the "Record Documents") based upon using information provided by the CONTRACTOR. In addition, CONSULTANT shall furnish CITY with copies of all design calculations and similar documents. (o) CONSULTANT shall not be responsible for damages or injuries caused solely by acts of omissions of the contractor, or any subcontractor, or any agent or employee of the contractor or any~ subcontractor, or of any other persons performing any of the work." SECTION 2. Section 5.1.1 of the Contract is hereby amended to read as follows: "5.1.1 In consideration of the full performance.of the Basic Services, including any authorized reimbursable expenses, CITY will pay CONSULTANT a fee not to exceed a total of Thirty-Six Thousand dollars ($36,000), as follows: Twenty-Nine Thousand dollars ($29,000) already paid for design, One Thousand dollars ($i,000) for design changes of the deck and Six Thousand dollars ($6,000) for construction administration. The amount of compensation will be calculated in on a time and materials basis, up to the maximum amount set forth in this Section. The fees of the consultants, who have direct contractual relationships with CONSULTANT, will be approved, in advance, by CITY. CITY reserves, the right to refuse payment of such fees, if shch prior approval is not obtained by CONSULTANT before re-bidding." 000224 10677-00006 mcr 0282505.wpd 0 -- 3 - SECTION 3. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. ~. IN WITNESS WHEREOF, the parties h~reto have by their duly authorized representatives executed this Amendment on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Mayor City Attorney APPROVED: Director of Public Works Director of Administrative Services Risk Manager HOHBACH-LEWIN, INCo By: Name : Title : Name: Title: Taxpayer Identification No. 94-3293369 (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable.) 000224 10677-00006 mcr 0282505.wpd 0 -- 4 -- STATE OF /o,../~ ~) On 7~Z9--~O, before me, the undersigned, a notary public ~__~and~ ~for sai~ C/7~nt~, p9rsonally appeared personally know to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)O/aresu~ribed to the within instrument,__and acknowledged to me that/.~!/she/they executed tih~ same i ~__~her/their authorized capacity(ice), and that bylaw/her/their S-ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s0) acted, executed the instrument. WITNESS my hand and official seal. Signature of {~o~y Public 000224 10677-00006 mcr 0282505.wpd 0 -- 5 -- STATE OF C~.RTIFICAT~. OF ACKNOWL~.D~NT (Civil Code ~ 1189) On ~IZ ~-OO , before me, the undersigned, a notaryp ub~c~o~L i n~ ~’and e~_(%’ ~d~ o~%int ~ personally appeared, personally know to m r ~rove~.to me on the basis of satisfactory evidence) to be the person(s) whose name(s)~/are subscribed to the within instrument, and acknowledged to me that ~she/they executed~th~ same in ~her/their authorized capacit~ies), and that by~her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s.) acted, executed the instrument. WITNESS my hand and official seal." ~ry Publlc EXPIRES OCT. 28, 2003~ 000224 10677-00006 mcr 0282505.wpd 0 ~ 6 --