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Home My WebLink AboutMINUTES - 11142006 - C.20 e E.- TO: BOARD OF SUPERVISORS -- �-G-�� ontra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR - a Costa DATE: November 14, 2006 ' T,_ COCounty SUBJECT: Approving the Road Improvement Agreement for the traffic signal on Camino Tassajara Road at Mustang Soccer Fields, Road Acceptance 06-01223 (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp., Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ 7a 7 for Road Acceptance 06-01223 (cross-reference Subdivision 99-08381), approving the Road Improvement Agreement, for project being developed by Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Road improvement plans for Road Acceptance 06-01223 (cross-reference Subdivision 99-08381)has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding road improvements. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement will not be approved. Continued on Attachment:_i,,-' SIGNATURE: "�- _kECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE 4-APPROVE OTHER SIGNATURECTIS : �--� AON OF BO ON D Jt��'�! y APPROVED AS RECOMMENDED OTHER vo,�'E OF SUPE IsoxS I hereby certify that this is a true and correct ✓✓ UNANIMOUS(ABSENT F'. _ ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. BB:vz G:\EngSvc\BO\2006\11-14\BO-15 RA 06-1223.doc ATTESTED:A/0 Originator: Public Works(ES) Contact: T.Ric Works363) JOHN CULLEN Clerk of the Board of cc: Public Works- Construction , Current Planning,Community Development Supervisors and Count Administrator T-May 14,2006 1� y Shapell Homes 100 N.Milpitas Blvd. Milpitas,CA 95035 Atm:Sam Worden and Jim Gold National Fire Insurance Company of Hartford By , Deputy 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Atm:Pamela L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 14, 2006 by the following vote: AYES: SUPERVISORS UILKEMA, PIEPHO, GLOVER,AND GIOIA NOES: NONE ABSENT; SUPERVISOR DESAULNIER RESOLUTION NO. 2006//'a,P! SUBJECT: Approving the Road Improvement Agreement for the traffic signal on Camino Tassaj ara Road at Mustang Soccer Fields, Road Acceptance 06-01223 (cross- reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) These improvements are approximately located near Camino Tassajara Road at Mustang Soccer Fields. The following document was presented for Board approval for Camino Tassaj ara Road,Road Acceptance 06-01223 (cross-reference Subdivision 99-08381)property located in the Danville area, Supervisorial District 11I. A Road Improvement Agreement with Shapell Homes,a Division of Shapell Industries,Inc., a Delaware Corp.,principal,whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within two years from the date of said agreement. Improvements generally consist of road improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors BB:vz on the date shown. G:\EugSvc\BO\2006\11-14\BO-15 RA 06-1223.doc Originator: Public Works(ES) Contact: T.Ric(313-2363) ATTESTED: dJ�/�C� cc: Public Works- Construction Current Planning,Community Development JOHN CULLEN, Clerk of the Board of Supervisors and T—May 14,2006 Shapell Homes County Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:Sam Worden and Jim Gold National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 By 'Deputy Phoenix,AZ 85016 Attn:Pamela L.Stocks RESOLUTION NO.2006/ �� SUBJECT: Approving the Road Improvement Agreement for the traffic signal on Camino Tassajara Road at Mustang Soccer Fields, Road Acceptance 06-01223 (cross- reference Subdivision 99 08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) DATE: November 14, 2006 PAGE: 2 I. Cash Bond '.-Performance Amount: ,$1,,-500.00 Auditor's Deposit Permit No. DP 471590 Date: October-5, 2006 Submitted by: Shapell Homes Taxpayer identification number: 95-2578030 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929390937 September 21, 2006 Performance Amount: $150,200:00 Labor&Materials Amount: $75,850.00 Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 20061 A?7? ROAD IMPROVEMENT AGREEMENT Developer: Shapell Homes a Division of Shape]] Industries Inc. a Effective Date: l `� Delaware Corp. Completion Period: 2 year Development: RA 06-01223(x-ref SUB 8381) Road: Traffic Signal at Camino Tassajara and Soccer Field Entrance THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director By: (sigttawre) (print tmtne&titlC}�`_ '� 3S� V RECOMMENDED FOR APPROVAL r By: Ak-I mm—Pw Engineering iv' ion (pritrc nature&tato) ;i(e Cox t ASS} Sec FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. if Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code S313.) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street tights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements (hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 1,500.00 cash,plus additional security,in the amount of$ 150,200.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 75.850.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 26,2006, before me,Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. JA�NICE T KRUSE Commission# 1597428 s Notary Public-California Santa Clara County Signat a of Notary Public My Comm.Expires Aug 24,20MO Optional Information Title or Type of Document: Road Improvement Agreement RA06-01223/Tr. 8381 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries,Inc. COUNTY OF CONTRA COSTA ` ^ DEPOSIT PERMIT ! � OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA `JF TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 ;7 ga a ion `v (For Cash Collection Procedures See County Administrator's Bulletin 105. DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 50.17 Sale of Plans & Specs 004500 9931 REV 6AO196 175.55 Sale of Prints 004530 1 16GO085 131.25 6AO026 301.90 Premium Billing 000651 9105 6LO85C 1,456.00 Sub 8709 Monument Fee 9660 16LO81D 2,160.0.0 Base Map Fee 004528 9931 6KO330 525.00 Notary Fee 004500 9975 20.00 SD05-08927 Agmt Ext 000651 9660 REV 6LO76B 250.00 SD05-08928 Agmt Ext T250.00 Shut In Royalty 007589 9975 1 179.90 Reimb Credit M. Valdez 004544 2270 SAS 1944SAS 70.38 MS 01-00016 BA 145 003520 9660 REV 5B0034 87.63 SD05-08995 BA 30046 5B0033 1,802.21 000651 6L0033 729.21 MS 05-00024 BA 30045 1 003520 5B0034 496.16 TOTAL $ Acctng: G1203560-G1203589 DEPOSIT 182,962.24- Deposit consists of the following items Eng SVCS: G1203613-G1203634 VOIDS: G1203619 & 1203612 COIN and CURRENCY $ 170.30- Records: G1201923-G1201939 CHECKS,M.O.,ETC. $ 182,791.94 . Invoices: 912366,912374, 912372,912382, 912392,912393,912395,912397, BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY 912400, 912406,912408, 912268, BA'S 145, 30046, 30045, 14327, 30612, 30486, DEPOSIT PERMIT DR 29220, 31697, 17484, 32950, 30783, 22024, NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed Date i g Pgn Signed: Title J y EXT. ''t ' Deputy County Auditor Deputy County Treasurer D-34 Revr(7-93) - COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA ,- TO THE TREASURER: �•.3 RECEIVED;FROM Public Works ORGANIZATION NUMBER 650 (organization) (For Cash Collection Procedures See County Administrator's Bulletin 105. DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT DP00-03043 BA 14327 000651 9660 REV 61_080A 121.90 LP05-02061 BA 5BO49X 003520 5BO49X 207.95 DP05-03058 BA 30486 5BO39C 2,612.41 DP05-03010 BA 29220 3,827.52 VR06-01001 BA 31697 5BO44X 289.29 EF02-00602 BA 17484 000651 6LO83B 316.14 TP06-00029 BA 32950 003520 15BO51X 3.60 VR05-01093 BA 5BO44X 5BO44X 780.70 MS02-00016 BA 22024 000651 6L0069 70.32 INV 912268 Oakley 004580 9595 j6X9T01 1)119.76 6X9T80 661.87 6X9T81 34.28 6X9T84 772.08 6X9T94 18,346.40 6X9T72 1,777.50 6X9T76 9.66 EXPLANATION: TOTAL $ DEPOSIT C.C.: Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT %`4 7; PERMIT DP NUMBER fir.. .. DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury r j ,Slgned `_! �'✓.�;'-�a�� `Date Signed: Signed: Title: r: ;�'' EXT. Deputy County Auditor Deputy County Treasurer D-34 Rev.(7-93) w COUNTY OF CONTRA COSTA DEPOSIT PERMIT s OFFICE OF COUNTY AUDITOR-CONTROLLER '{,'� MARTINEZ, CALIFORNIA TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 (organization) (For Cash Collection Procedures See County Administrator's Bulletin 105 DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Trust Fund 000649 9665 76,627.50 819800 08009,099.00 000682 9752 6,888.00 9375 6,072.00 9371 9,586.00 9531 35,053.00 i EXPLANATION: TOTAL $ DEPOSIT C.C.: Deposit consists of the following items COIN and CURRENCY $ CHECKS, M.O., ETC.. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE.ONLY DEPOSITT PERM DPl f � � -- NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged. deposit into the County Treasury � t f'Sf .i'; Date igned,:" b i` � /- - i! �: _. . Signed: Signed: y Title t• ;!",J..^ EXT "� '"""'�. Deputy County Auditor Deputy County Treasurer D-34 Rev.(7-93) C819800-08,00: 61203620, 1,500.00, RA 1223, Cash Performance Bond, pell Homes', 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203627, $1,000.00, RA 05-01185, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1203629, $1,000.00, RA 05-01197, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0682-9752 /139200: 61203623,$6,888.00, MS 05-0034, Road Imp Fee .Trust, Estacia De Maria, LLC, 5700 Alhambra Valley Rd., Mtz, CA 94553 0682-9375: G1203561, $6,072.00, ST DR 1628, State Storm Damage, State of California, Office of Emergency Services, 3650 Schriever Ave., Mather, CA 94655-4203 0682-9371: G1203562, $9,586.00, ST DR 1628, State Storm Damage Roads, State of California, Office of Emergency Services, 3650 Schriever Ave., Mather, CA 94655-4203 0682-9531: G1203563, $35,053.00, FEMA 1628-FED DR, Federal Aid Disaster Roads, State of California, Office of Emergency Services, 3650 Schriever Ave., Mather, CA 94655-4203 f , Bond No.: 929 390 937 Development: RA 06-01223 (x-ref SUB 8381) Premium: $1,127.00 Alamo Creek .IMPROVEMENT SECURITY BOND :FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL Oiz ROAD IMPROVVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on,or along RA 06-01223(x-ref SUB 8381)to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION: Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp. as Principal and National Fire Insurance Company of Hartford ,a corporation organized under the laws of the State of IL , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: One Hundred Fifty Thousand Two Hundred and 00/100 Dollars ($ 150,200.00 )for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: Seventy Five Thousand Eight Hundred Fifty and 00/100 Dollars ($ 75,850.00 )to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal, or principal's heirs,executors,administrators, successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided on'it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee,its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 26,2006, before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. JANICE I KRUSE WITNESS my hand and official seal. Commission# 1597428 Z .� Notary Public-California S; Santa Clara County My comm.Expires Aug 24,2009 Si ture of Notary Public Optional Information Title or Type of Document: Improvement Bond - 929390937, RA 06-01223/Tr. 8381 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc. State of California County of "Los Angeles On September 21, 2006 before me, Sandy Hanner- Notary Public Oare NAME, TITLE OF OFFICER„ 'JANE OOE. NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S) OF SIGNER(S) (X) personally known to me - OR - (._.-.) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ane subscribed to the within instrument and acknowledged to me that he/she/tom executed the same in phis/herIfteic authorized capacity(a>es), and that by kwher/WAU signature(s) on the instrument the person(§), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand a�Offlcleal. BANDY F1AWR COm f*slon#1672602 /� IGNA E OF NOTARY Notary Puift-Cadtornlo Los Arg"Courtly � JW 2.2010 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documen and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (,) INDIVIDUAL (_) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (_) PARTNER(S) (._) LIMITED (_) GENERAL (-z—) Y.) ATTORNEY-IN-FACT NUMBER OF PAGES (_) TRUSTEE(S) (�) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G•107426.5 POWER OF ATEYAPPOINTING INDIVIDUAL ATT&EY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 15th day of August,2006. rc,nsuq�T 0SUR4Continental Casualty Company National Fire Insurance Company of Hartford F cORPO'+are S� s� �wca+atro American Casualty Company of Reading,Pennsylvania a JULY 11. SEAL 1897 JrAR�°� • Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 15th day of August,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEAL' MARK M.MEDINA Nolwy vmuD11e, iof Mycmiuim E*M 3115m Y •...................... ��'LLL ' My Commission Expires March 15,2009 Maria M.Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 21st day of September 2006 t;NSlJg4r twsuR Continental Casualty Company �'�� 4k National Fire Insurance Company of Hartford OORPORAre g�Mc a+a. /U11. American Casualty Company of Reading,Pennsylvania s LY Ov SEAL 1897 HARD • � Mary A.qikafjkis Assistant Secretary Form F6853-11/2001