HomeMy WebLinkAbout07-082 - Robert Droll Landscape Architecture - Tukwila Pond Park Development 0 46-L
City of Tukwila
Contract for Services
Amendment 1
Between the City of Tukwila and Robert Droll Landscape Architecture.
That portion of Contract No. AG 07 -M2 between the City of Tukwila and
Robert Droll Landscape Architecture is amended as follows:
Extension of contract for the civil work on the Tukwila Pond Park
Development Design project for 180 days, making August 9, 2008
the new completion date.
All other provisions of the contract shall remain in full force and effect.
G
DATED this G day of Qg -�k�`� 20
U
CONTRACTOR Q CITY OF T
Robert A Droll Hagge Mayor
ATTEST/ AUTHENTICATED APPROVED AS TO FORM
C� 01L� 6
J4Xe E. Cantu, CMC, City Clerk City Attorney
CONSULTANT AGREEMENT FOR
DESIGN SERVICES
4114C7 07-0?A
A 419.W pf h Ct>un%C, C
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THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after
referred to as "the City and ROBERT W. DROLL, LANDSCAPE ARCHITECT, P.S.,
hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform LANDSCAPE
ARCHITECTURAL services in connection with the project titled TUKWILA POND
PARK DEVELOPMENT DESIGN.
2. Scope of Services. The Consultant agrees to perform the services, identified on
Attachment "A" attached hereto, including the provision of all labor, materials, equipment
and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. The Consultant shall perform all
services and provide all work product required pursuant to this Agreement within 180
calendar days from the date written notice is given to proceed, unless an extension of such
time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on
Attachment "B" attached hereto, provided that the total amount of payment to the
Consultant shall not exceed $90,820.00 without express written modification of the
Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the progress
of the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be
made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will
be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary
to complete the work.
Tukwila Pond Park Development Design
Robert W. Droll, Landscape Architect, P.S.
Landscape Architecture Services
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three
(3) years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection
with the Consultant's endeavors, without further permission from, or compensation to the
City. The Consultant shall not be responsible for any use of the said documents, drawings,
specifications or other materials by the City on any project other than the project specified
in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated
by this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the
performance of this Agreement and as to claims against the City, its officers, agents and
employees, the Consultant expressly waives its immunity under Title 51 of the Revised
Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees
that the obligation to indemnify, defend and hold harmless provided for in this paragraph
extends to any claim brought by or on behalf of any employee of the Consultant. This
waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage
resulting from the sole negligence of the City, its agents and employees. To the extent any
of the damages referenced by this paragraph were caused by or resulted from the
concurrent negligence of the City, its agents or employees, this obligation to indemnify,
defend and hold harmless is valid and enforceable only to the extent of the negligence of
the Consultant, its officers, agents and employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance, with a minimum coverage of
$500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per
occurrence/ aggregate for property damage, and professional liability insurance in the
amount of $1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
Page 2 of 5
days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the
services provided under this Agreement. The City shall not be responsible for withholding
or otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed
or retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of
this warrant, the City shall have the right to annul this contract without liability, or in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it
under this Agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non Waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant. In the case of early termination, the Consultant
shall be entitled to compensation for all work performed up to the termination
effective date, and the City shall promptly process payment within its next normal
accounts payable processing cycle.
Tukwila Pond Park Development Design
Robert W. Droll, Landscape Architect, P.S.
Landscape Architecture Services
Page 3 of 5
Attachments:
B. In the event of the death of a member, partner or officer of the Consultant, or any of
its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this Agreement, if
requested to do so by the City. This section shall not be a bar to renegotiations of this
Agreement between surviving members of the Consultant and the City, if the City so
chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled
to recover its costs, including reasonable attorney's fees, incurred in such suit from the
losing party.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Robert W. Droll
4405 7 Ave. SE, Suite 203
Lacey, WA 98503
17. Integrated Agreement. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
Agreement may be amended only by written instrument signed by both the City and the
Consultant.
A. Proposal for Landscape Architectural Services dated March 16, 2007
B. Project Scope of Work/Fee Schedule dated March 16, 2007
Tukwila Pond Park Development Design
Robert W. Droll, Landscape Architect, P.S.
Landscape Architecture Services
Page 4 of 5
CITY OF TUKWILA
Bruce FI'etcher, Director
Parks and Recreation Department Printed Name:
or,,s
Steven M. Mullet, Mayor
Attest/Authenticated:
DATED this day of 20
Q
CONSULTANT
1
E. Cantu, CMC, City Clerk Office of the City Attorney
Tukwila Pond Park Development Design
Robert W. Droll, Landscape Architect, P.S.
Landscape Architecture Services
Title:
By: 4 Gf ie)7
Approved as to Form:
Page 5 of 5
Attachment A
Tukwila Pond Trail Tukwila Parks Recreation 4/24/2007
Scope of Services
Tukwila Pond Trail Boardwalk
City of Tukwila Parks and Recreation Department
Scope of Work
This assignment includes the Schematic and Final Design services work to be performed by Robert W.
Droll, Landscape Architect, PS and Project Team (hereinafter collectively, RWD) for the City of
Tukwila, Washington on Tukwila Pond Trail Boardwalk. RWD will serve as consultant to Tukwila in
the capacity of Park Planner/Landscape Architect and will prepare Bid Documents. The goal of the
project is to implement a new Loop Trail and Boardwalk around Tukwila Pond.
Basis of Proposal
This Scope of Services and Fee Proposal are based upon discussions and information provided by the
Tukwila Parks and Recreation Department, site visits and documentation review.
Scope of Services
RWD proposes the following Scope of Services to accomplish the work necessary for the preparation of
Tukwila Pond Trail Boardwalk (hereinafter the "Trail').
Phase 1
Task 1 Schematic Design -35% Submittal
Task 1.01 Site Visit
RWD will visit site with Client, wetland biologists and survey crew.
Task 1.02 Wetland Delineation
Conduct wetland delineation, category rating and report in compliance with City of Tukwila Critical
Areas Ordinance.
Task 1.03 Boundary and Design Survey
Conduct topographical fieldwork necessary to generate mapping of one foot contours, spot elevations,
trees, six inches and larger, and other planimetric features. Survey will include bathymetric survey of
pond from shoreline to fifty feet into pond. Show Boundary Survey as provided by Tukwila. Prepare
mapping in ACAD format.
Task 1.04 Concept Plan Cost Estimate
RWD will prepare Concept Plan illustrating type, size and location of main loop trail and boardwalk
and spur connections. RWD will provide Estimate of Probable Cost based upon measured quantities.
Task 1.05 PreSubmission Conference w/ Tukwila
RWD will prepare PreSubmission Conference application and attend PreSub Conference.
Robert W Droll, Landscape Architect, PS, 4405 7 Avenue, Lacey, WA, SE, 98503, 360 456.3813, bob @rwdroll.com I
Attachment A
Tukwila Pond Trail Tukwila Parks Recreation 4/24/2007
I Task 2 Permit Processing
Tasks 2.01 Layout and Grading Plan
Layout and Grading Plan will be prepared by RWD defining horizontal and vertical relationships of
proposed Trail and Site improvements. Horizontal definition of proposed improvements will be
achieved by dimensioning from coordinates derived from Design Survey. Grading will be defined by
contours and spot elevations that will be relative to vertical datum.
Task 2.02 Boardwalk Plan Details
Boardwalk Plan will define the horizontal and vertical alignment of Boardwalk, which anticipated to
be located over the water in locations where there is insufficient public property to locate the trail in
an upland area. RWD will provide all details and calculations to comply local codes, ADA
regulations and International Building Code.
Task 2.03 SEPA JARPA Permitting, Biological Assessment
RWD will prepare SEPA and Site Plan Approval and JARPA applications and respond to inquiries
and follow up on permits. RWD will prepare Biological Assessment.
Task 2.04 Illustrative Plan
Prepare one each color illustrative site plan, floor plan and two elevations for Client's use in public
meetings. Color will be applied to In- Process drawings (3 sheets maximum): no separate
drawings /sketches will be prepared specifically for Illustrative drawings.
Task 2.05 Public Presentation of Tukwila Pond Trail
RWD will prepare for and attend a public presentation of project.
1 Task 3 Project Management
Task 3.01 Project Management
Manage the contractual elements, scheduling, billing and timing of project. Manage the coordination
of consultants and the execution of the Project Schedule. Communicate and coordinate with Client.
Phase 2
1 ask 4 Design DeN elopittent -641'' Submit! al
"Cask 4.01 Title Sheet
Prepare Fine ltla 1 .oc;atio a Viei!lit\ Map, {;s!!c.;;tl Note, I eetutl. 11Thrc■ lalt!r a
Council \'lcnahc•r; and Park', Department tafl,
Cask 4.02 1)ctnolitiitn and '1 en►Itotsat 1: a °ea,ta>r Control an
12 \%I) will prepare plan indieiltingthe c\l`tint at;: tecaiw'e th, +l tihiall R deinoll,hcd. t!nantlol;;ci.
:alvaied and attained at well at the IE)ealioil Ofcro control arnaa;urc,.
Tasks 4.03 Layout and (trading I'Ean
I ,.a ■out and (tradhn_; Plan will he prepar d l, lltlrvt)ni,tl and erllcal rcl,alc ;El ;hrl, t)I
propo'cd frail and innpro%ernenl I Iorvontn! de(initi na .If pl tpE „ctl Inlproveuacnt 111 he
achlc\ed h\ tlllllCil51(1n111!? from coordinate:, den. 'd iron: {Irtldlll42 all 1h t1 Ilii ,l h\
t.t)Illotn' and -,poi e(C \aatiola. tll<al ill I c E'c'INIa \t'. its ,.'I "ili:�ll a:Lttltl
Robert W Droll, Landscape Architect, PS, 4405 7 Avenue, Lacey, WA, SE, 98503, 360 456.3813, bob @rwdroll.com 2
Attachment A
Tukwila Pond Trail Tukwila Parks Recreation 4/24/2007
'Task 4.04 I3aartlwa![c i'1un cC Detain;
Iioar(I va I k Plan \A ill d4fine the hori/ontai and \erticaI alignment of lioard\vali., Inch ant kti rnteJ to
be I,Cate:d o\er the \natter in locations \h:•rc there H intiullit i. nt rnihlie i)roPctt\ to IoCat�` the trail ut
an u1\lant.! area 121'\ I) \rill pro\ Ide all t!c1aik and t.a1,_Illaltlt(n. 1,1 e utnpI\ li tea! odes, \I)'
regulations alit( internal Buil(inn ocle.
Task 4.05 Site Details
Prepare details liar lrro eet sue Intmo\entcnts,
Tasks 4.06 Fstititate of l'rol able t'll;ts
It11'l) A\ ill hro\addc 1_siiinate or Probable (ost hand .1 nlea iant ie RV I) ill t /e
1,:.timate by I rail cgnlcnt to allu\\ (`!lent to rcnicr 1'ita;:itt( deeikiun it'ne,est,tir\ Ii;unlalc' 1; ill
in dndc itll Proieet Development Cost, including Lt)tlstllt;Wt •.t1,t,. construction atlitlilli`,Irall(In,
rllobili /alto!!. ht)n(l1. Conlint taxi's. projected construction year cot Csealation (11 ile'i....essar\
ia.\t:s and all ideniilrt:d costs associated tth this hniject' de\ elopmeni
Task 4.07 Review with Staff
Re\ ie:\\' flans \-ith titafli
Task 5 Final Design 90% Sulatttittatl
Tasks 5.01 -5.06 are the same Tasks as 4.01 -1M6 except Work, \till be al a 90% completion le\ el.
Task 5.07 Specifications
Prepare I cehmeal (1o,.Ittcaitions Se.ci:ons oustrnctik n (weenie,' am lli,tillil(' ",1) rormut.
Task 5.08 Revic\\ with Staff
ReAk\\ Plans with `)tali.
'Task 5.09 Building Permit :11r1;licatt. in
RW1) ill submit and process ltuildiuo Permit at)Iyfit'attons
Task 5.10 Quality Re icax
Rl1'1) will retain a (.'oncdruetiou Ntluttat t:) re is .i <'t l bits documents
'Task 6 t.ontraet Document 100% Snlnnrirta1
Tasks 6.01 -6.07 are the same Tasks as 5.01 -5.07 except NA orb, ill be at a 100 completion level
and ready for kdvevtising and bidding.
Task 6.08 Assemble 1)riiver Documen
RW I) asseauble t `'peciticaiions and Plans in lal(lormat and ioritard ill (.!tent
Robert W Droll, Landscape Architect, PS, 4405 7'" Avenue, Lacey, WA, SE, 98503, 360 456.3813, bob @rwdroll.com 3
Attachment A
Task 9.01
Tash. 9.02
'Cask 9.03
Tukwila Pond Trail Tukwila Parks Recreation 4/24/2007
I Task 7 Project Management.
Task 5.01 Project Management
Manage the contractual c'lement,.',c.ltcchlling_ billing and Manage �hc gut rclinaiion
cif cnn anti the c\. o1 tits PrJ €ce1 tirllednh otnr+ttn,rtc, and cluordiunic nli iirut
I '1 ask S Ridding \eg tatiattions, \'%'aar•t1
Task 10.01 Prc -I3it1 Conference
RV 1) w ill attend Pre-Bid Con €crclaco <.tlid prepare Addenda, i1nccc;,ar\
I Task 9 Construction Adntinislr.tiic►n
the followina 1ask, will he negotiated a the I ct 13tcl 11 refluc'icd Ill Chem
PIT-( (11aSil'i.l1'Yk(.ti tr rrfc•ren.i.t:
Submittal Itr•i ic'tit
Construction ()bser aticln
Additional Services, Excluded Services
Specific items that are not within the scope of work/services include, but are not limited to, the following:
Traffic studies
Stormwater Drainage studies /design
Demand analysis /economic modeling
Legal Descriptions of easements, Rights -of -Ways, etc.
Hydrology /Water Quality Studies, Environmental Studies
Geotechnical Investigation, Recommendations, and Material Testing.
Construction Staking
Mitigation Design
Permit Fees
Wildlife and Archaeological investigations
Web -site preparation and hosting, visual impact analysis, photo simulations, perspective character
sketches
Tree valuation, noise studies, air quality studies
Boundary Survey
Public Presentations, Neighborhood meetings, Hearing Examiner meetings, etc. other than in those
identified in scope.
Professional Fee
Professional Fees to accomplish the Scope of Services as shown in Attachment B. RWD will perform the
Scope of Services on a Time Materials, Not -to- Exceed Basis. Direct Expenses are reimbursable.
Client's Responsibilities
Client shall provide the following information or services as required for performance of the work. RWD
assumes no responsibility for the accuracy of such information or services and shall not be liable for
errors and omissions therein. Should RWD be required to provide services in obtaining or coordinating
compilation of this information, such services shall be charged as Additional Services.
Robert W. Droll, Landscape Architect, PS, 4405 7' Avenue, Lacey, WA, SE, 98503, 360 456.3813, bob @rwdroll.com 4
Attachment A
Tukwila Pond Trail Tukwila Parks Recreation 4/24/2007
Provide Title Report
Provide space for Public Meeting
Provide Division 00 and City Bidding information
Advertise for Bid, Award, Bid Tabulation, etc.
Existing as -built site engineering and utility base information.
Provide aerial photos.
Robert W Droll, Landscape Architect, PS, 4405 7' Avenue, Lacey, WA, SE, 98503, 360 456.3813, bob @rwdroll.com 5
3 -16 -07
Tukwila Pond Interpretive Trail
City of Tukwila, WA
Project Scope of Work Fee
Tasks
Phase 1
1 00 Schematic Design 35% Submittal
1 01 Site Visit 1,600.00
1 02 Wetland Delineation 6,800 00
1 03 Boundary and Design Survey 30,260 00
1.04 Concept Plan Cost Estimate 9,740.00
1.05 PreSubmission Conference w/ Tukwila 970 00 4
Task Total 49,370.00
X 2.00 Permit Submittal Processing 55%
2.01 Layout/Grading Plans
2.02 Boardwalk Plan and Details
SEPA and JARPA Permitting /Processing,
2.03 Biological Assessment
2.04 Illustrative Plan
2.05 Public Presentation of Tukwila Pond Trail 920 00 1 8 920 00
task Total 30,880.00 1
3.00 Meetings Project Coordination
Project Management via phone, fax, email,
3.01 etc
Total
21,680 00 40 4,600 00
920.00 8 920.00
Attachment B
Wetland Biological
RWD Delineation Assessment Survey Electrical Structural
ine
Bob Droll /Project The Coot Watershed Larson MC
Manager Land. Tech 111 Clerical Company Company Associates BCE Squared
hours: total hours total :hours total total total total total total
8 920.00 8 680.00
4 460 00 4 340 00 6,000.00
8 920.00 4 340.00
16 1,840.00 40 3,400.00
460.00 6 510.00
2,270 00 2 230.00 24 2,040.00
5,090.00 2 230 00 16 1,360 00
48, 4,080 00
3,470.00 24 2,760 00 2 170 00 12 540 00
iask Total
3,470.00
13,000 00
29,000 00
3,000.00 1,500.0
3,500 00
Tasks Subtotal 83,720.00 11,500 00 12,750 00 540 00 6,000 00 13,000 00 29,000.00 3,000 00 5,000.00
Direct Expenses (plots, phone, reproduction,
mail, travel) 1,500 00
Subconsultant Administration 5,600 00
'Professional Services Fee Total 90,820.00
Robert W Droll, Landscape Architect, PS 360 456.3813
3 -16-07
Tukwila Pond Interpretive Trail
City of Tukwila, WA
Project Scope of Work Fee
Tasks Total
Phase 2
I 4.001 Design Development 160 Submittal
I 4.01 (Title Sheet
4.021 Demolition TESC Plan
4.031Layout/Grading Plans
4.041 Boardwalk Plan and Details
4.051 Site Details
4.061 Estimate of Probable Costs
4.071 Review with Staff
'Task Total
5.001 Final Design 90% Submittal
5.011Titie Sheet
5.021 Demolition TESC Plan
5.031Layout/Grading Plan
5.041 Boardwalk Plan and Details
5.051 Site Details
5.061 Estimate of Probable Costs
5.071Specifications Division 1 -16
5.081 Review with Staff
5.091 Building Permit Application /Processing
5.101 Quality Review
I Task Total
1
6.001 Bid Documents -100 Submittal
6.011Title Sheet
6.021 Demolition TESC Plan
6.031Layout/Grading Plan
6.041 Boardwalk Plan and Details
6.051 Site Details
6.061 Estimate of Probable Costs
6.071 Specifications Division 1 -16
6.08IAssemble Deliver Contract Documents 1
I Task Total I
7.001 Meetings Project Coordination 1
7.011 Project Management via phone, fax, email, etc I
I Task Total 1
8.001Bidding, Negotiations 1
I Task Total 1
I I
9.001 Construction Services
9.011 Pre- Construction Conference I
9.021ConstructionObservation 1
9.031Punchlistand Final Walk -Thru I
'Task Total I
Tasks Subtotal
Direct Expenses (plots, phone, reproduction, mail, travel)
Subconsultant Administration
Professional Services Fee Total
Attachment B
Phase 2
Not in this Scope
of Work
Robert W Droll, Landscape Architect, PS 360.456.3813
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In 3 above, if applicable, you are also certifying that as a United States, provide Form W -9 to the partnership to
U.S. person, your allocable share of any partnership income establish your U.S. status and avoid withholding on your
from a U.S. trade or business is not subject to the share of partnership income.
withholding tax on foreign partners' share of effectively
connected income. The person who gives Form W -9 to the partnership for
Note. If a requester gives you a form other than Form W -9 to purposes of establishing its U.S. status and avoiding
withholding on its allocable share of net income from the
request your TIN, you must use the requester's form if it is
substantially similar to this Form W -9. partnership conducting a trade or business in the United
States is in the following cases:
For federal tax purposes, you are considered a person if you The U.S. owner of a disregarded entity and not the entity,
are:
Cat. No. 10231X Form W -9 (Rev 11 -2005)