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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 L- 6 -e(1 l-i 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 Form W'9 Request for Taxpayer Give form to the (Rev. November 2005) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service N Name (as shown on your income tax return) d m m C- Busin nom if different from above �J I I I s -�r� I f f S C'C� rD a o Individual/ Exempt from backup 6 Check appropriate box: Sole proprietor E] Corporation E] Partnership Other withholding 2 Address (number, street, and apt. or suite no.) Requester's name and address (optionaq a City, state, and ZIP code a L- 4 C L1 YV j�' W m List account numtdr(s) here (optional) aD FMM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident 1 1 I 1 1 alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. A 1,5 1 71 :Z 1 -7 I �-I Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) i Sign Signature of Here U.S. person 10. l// CYr� v Date Purpose of Form An individual who is a citizen or resident of the United A person who is required to file an information return with the States, IRS, must obtain your correct taxpayer identification number A partnership, corporation, company, or association (TIN) to report, for example, income paid to you, real estate created or organized in the United States or under the laws transactions, mortgage interest you paid, acquisition or of the United States, or abandonment of secured property, cancellation of debt, or Any estate (other than a foreign estate) or trust. See contributions you made to an IRA. Regulations sections 301.7701 -6(a) and 7(a) for additional U.S. person. Use Form W -9 only if you are a U.S. person information. (including a resident alien), to provide your correct TIN to the Special rules for partnerships. Partnerships that conduct a person requesting it (the requester) and, when applicable, to: trade or business in the United States are generally required 1. Certify that the TIN you are giving is correct (or you are to pay a withholding tax on any foreign partners' share of waiting for a number to be issued), income from such business. Further, in certain cases where a 2. Certify that you are not subject to backup withholding, or Form W -9 has not been received, a partnership is required to 3. Claim exemption from backup withholding if you are a presume that a partner is a foreign person, and pay the U.S. exempt payee. withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the 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)