HomeMy WebLinkAboutMINUTES - 06172003 - C15 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: June 17, 2443
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Francisco & Associates, Inc. in the amount of $74,650 to provide assessment engineering
services for the Countywide Landscape Program, Assessment District No. 1979-3 (LL-2) and
Sub Zones 1, 2, 4 and 9 for the period of February 27, 2003 to February 27, 2045, Countywide.
(All Districts)Project No. 4500-6X5244; 7780-6X5407 and 7788-6X5426
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Francisco & Associates, Inc. in the amount of$70,650 to provide assessment engineering services for
the Countywide Landscape Program, Assessment District No. 1979-3 (LL-2) and Sub Zones 1, 2, 4 and.
9 for the period of February 27, 2003 to February 27, 2005, Countywide,
11. Fiscal lmnact:
There will be no impact to the County General Fund. The cost of the engineering services is paid 59%
LL-2 and 41%revenue from the Sub Zones 1, 2, 4 and 9.
J
i<4Aj zv"\
- COMMENDATION OF COUNTY ADMINISTRATOR 6- l
—RECOMMENDATION OF BOARD COMMITTEE
,_„APPROVE .� OTHER
SIGNATURES .`_1'
ACTION OF BOA)K ON JUNE 17 , 2003APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN: 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 on
DISTRICT III SEAT VACANT the date shown,
SE:sr
G:\GrpData\SpDist\Board Ordersl2003\06-17-03 BO-Francisco.doe UNE I (�
Orig.Div:Public Works(Special Districts) ATTESTED:
Contact: Skip Epperly(313-2253) JOHN SWEETEN,Clerk of the Board of Supervisors and County
cc: Auditor-Controller Administrator
Accounting
Elections—R.Davis
D.Morabe,PW
M.Fong,PW By Deputy
Contract File&Binder
Francisco&Associates,Inc,
130 Market Place,Suite 160
San Ramon,CA 94583
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Francisca & Associates, Inc. in the amount of $70,650 to provide assessment engineering
services for the Countywide Landscape Program, Assessment District No. 1979-3 (LL-2) and
Sub Zones 1, 2, 4 and 9 for the period of February 27, 2003 to February 27, 2005, Countywide.
(All Districts)Project No. 4500-6X5244, 7780-6X5407 and 7788-6X5426
DATE: June 17, 2003
PAGE: 2
TII. Reasons for Recommendation and Background:
Francisco & Associates, Inc. will provide the County with assessment engineering services for the Fiscal
Years 2003/2004 and 2004/2005 Annual Renewals of the LL-2 and Sub Zones 1, 2, 4 (Kevin Drive, Bay
Point) and Zone 9 (area-wide Bay Point).
IV. Consequences of Negative Action:
Without ;Board approval, this engineering services contract for renewal of the Countywide Landscape
District (LL-2) and Sub Zones 1, 2, 4 and 9 will not proceed which will cause the assessments to not be
levied or collected.
CQNSULTING.SERViCES AGREEMENT
1, Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County
(b) Consultant's Name&Address: Francisco and Associates, Inc.
130 Market Place, Suite 160
San Ramon, CA 94583
(925)867-3400
(c) Project Name, Number,&Location: Contra Costa Countywide Landscape District(1-1-2), �t Zone 1, 2, 4 &9
(d) Effective Date: February 27,2003 '
(e) Payment Limit(s): $70,650.00
(f) Completion Date(s): February 27, 2005
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGEN N CON ANT
By: Maurice M. Shiu ATVPublic Works Works director/ By: _'_V1_
Chief Engineer, or designee (Desi a official cap ity in the business--President or Vice President)
If Corporation, State of Incorporation: CA4_ t Ae1L 1rr A
8y: By: �Kc
M (Designate official 9pacity in the business—Secretary or A st.Secretary)
Note to Consuitan#: For corporations, the contract must be signed by two officers. The first signature must be that of the
chairman of the board, president,or vice-president; the second signature must be that of the secretary, assistant secretary,
chief financial officer,or assistant treasurer.(Civ.Code,Sec. 1190 and Carps.Code.Sec.313.)The acknowledgment below
must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California �/} )
County of
Can the date written below, before me, the undersigned Notary Public, personally appeared the persons signing above for
Consultant,personally known to me(or proved to me on the basis of satisfactory evidence)to be the personw whose names,)
4s/are subscribed to the within instrument and acknowledged to me that ha4s4e/they executed the same in l r/thelr
authorized capacity(ies), and that by hl,*4w/their signature s)on the instrument the person, or the entity upon behalf of
which the person(§)acted, executed the instrument.
WITNESS my hand and official sea).
Dated: ' '� ill � ��✓ �' .
Notary Public
(Notary's Seal)
SUSAN Cxlt5��
Commission#192A4758
Notary Public-California
Pages 1 of 7 contra Costa county
my COMM 8VIMs Oct 12,2006
r.
CONSULTING SERVICES AGREEMENT
3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as
follows:
4. Employment, Public Agency hereby employs Consultant, and Consultant accepts such employment, to perform the
professional services described herein, upon the terms and in consideration of the payments stated herein.
5. Scope of Service._ Scope of service shall be as described in Appendix A,attached hereto and made a part hereof by this
reference.
8. Report Disclosure Section.Any document or written report prepared hereunder by Consultant,or a subcontractor,for
Public Agency shall contain,in a separate section,the numbers and dollar amounts of this contract and all subcontracts
relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e)
exceeds $5,000. When multiple documents or written reports are the subject or products of this agreement, the
disclosure section may also contain a statement indicating that the total contract amount represents compensation for
multiple documents or written reports,
7, Insurance, Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a) Workers'
Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of
$1,000,000.00 and a maximum deductible of$50,000.00;and(c)Comprehensive General Liability Insurance,including
blanket contractual(or contractual liability)coverage,broad form property damage coverage,and coverage for owned
and non-owned vehicles,with a minimum combined single limit coverage of$500,000.0()for all damages due to bodily
injury, sickness or disease, or death to any person, and damage to property,including the loss of use thereof,arising
out of each accident or occurrence, and naming Public Agency, Contra Costa County, its/their governing bodies,
officers and employees as additional insureds, Consultant shall promptly furnish to Public Agency certificates of
insurance evidencing such coverage and requiring 30 days'written notice to Public Agency of policy lapse,cancellation
or material change in coverage.
8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B
attached hereto,which include all overhead and incidental expenses,for which no additional compensation shall be
allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be
reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a
detailed mileage log to Public Agency.In no event shall the total amount paid to Consultant exceed the payment limit(s)
specified in Sec. 1(e) without prior written approval of the Public Agency. Consultant's billing statements shall be
submitted at convenient intervals approved by Public Agency and shall list, for each item of services, the employee
categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code
Section 3320 as applicable.
9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency.
10, Time for Comp etion, Unless the time is extended in writing by Public Agency, Consultant shall complete all services
covered by this Agreement no later than the Completion Date(s)listed above.
11, Record Retention and Auditing.Except for materials and records delivered to Public Agency,Consultant shall retain all
materials and records prepared or obtained in the performance of this Agreement, including financial records,for a
period of at least five years after Consultant's receipt of the final payment under this Agreement.Upon request by Public
Agency, at no additional charge, Consultant shall promptly make such records available to Public Agency, or to
authorized representatives of the state and federal governments,at a convenient location within Contra Costa County
designated by Public Agency, and without restriction or limitation on their use.
12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in
Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as its
necessary to enable Public Agency to monitor the performance of this Agreement.
13. Ownership of Documents.All materials and records of a finished nature,such as final plans,specifications,reports,and
maps, prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of
Public Agency,All materials of a preliminary nature,such as survey notes,sketches,preliminary plans,computations
and other data,prepared or obtained in the performance of this Agreement,shall be made available,upon request,to
Public Agency at no additional charge and without restriction or limitation on their use.
Page 2 c>f 7
CONSULTING SERVICES AGREEMENT
14. ExtraWork.Any work or services in addition to the work or services described in Appendix A shall be performed by
Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a
particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to
commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a
written authorization or change order describing the work and payment terms has been executed by Public Agency prior
to the commencement of the work.
15. Patent Retention. Not Applicable
16. Termination by Public Agency.At its option,Public Agency shall have the right to terminate this Agreement at any time
by written notice to Consultant,whether or not Consultant is then in default. Upon such termination,Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of
termination.
17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or
otherwise abandons the project prior to completing all of the services described in this Agreement,Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or
abandonment,less a deduction for any damages or additional expenses which Public Agency incurs as a result of such
cessation or abandonment.
18. Breach, In the event that Consultant fails to perform any of the services described in this Agreement or otherwise
breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity, Any
disputes relating to the performance of this Agreement shall not be subject to non judicial arbitration.Any litigation
involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant hereby waives
the removal provisions of Code of Civil Procedure Section 394.
19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes,
ordinances, rules and regulations,whether federal, state, or local in origin. This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code, Section 1775.
20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether
voluntarily,by operation of law or otherwise,provided,however,that Consultant shall have the right to sub-contract that
portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public
Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment,transfer or sub-
contracting shall be void.
21 Subcontract€ng.All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract.
Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable.
22. Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates,reports and other items described
in Appendix A prior to delivering them to Public Agency, and where appropriate, indicate his/her registration number.
23. Patents and Copyrights.The issuance of a patent or copyright to Consultant or any other person shall not affect Public
Agency's rights to the materials and records prepared or obtained in the performance of this Agreement.Public Agency
reserves a license to use such materials and records without restriction or limitation, and Public Agency shall not be
required to pay any additional fee or royalty for such materials or records,The license reserved by Public Agency shall
continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or
otherwise.
Page 3 of 7
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CONSULTING SERVICES AGREEMENT
24. Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its
governing body, officers, employees, representatives,and agents("Indemnitees")from any and all demands,
losses, claims, costs, suits, liabilities, and expenses for any damage, injury, or death (collectively"Liability")
arising directly or indirectly from or connected with the services provided hereunder which is caused,or claimed
or alleged to be caused, in whole or in part,by the negligence or willful misconduct of Consultant, its officers,
employees, agents,contractors,subconsultants, or any persons under its direction or control and shall make
good to and reimburse Indemnitees for any expenditures, including reasonable attorneys'fees and costs,the
Indemnitees may make by reason of such matters and , if requested by any of the Indemnitees,shall defend
any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shall
exist regardless of concurrent negligence or wi€lful misconduct on the part of the Public Agency or any other
person;provided,however,that Consultant shall not be required to indemnify Indemnitees for the proportion of
liability a court determines is attributable to the negligence or willful misconduct of the Public Agency, its
governing body,officers,or employees. This indemnification clause shall survive the termination or expiration
of this Agreement.
25. Heirs,Successors and Assigns.Except as provided otherwise in Section 20 above,this Agreement shall inure
to the benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the
parties.
26. Public Endorsements.Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse
or oppose the use of any particular brand name or commercial product without the prior approval of the Public
Agency's governing board. In its Public Agency Consultant capacity, Consultant shall not publicly attribute
qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-
established and widely accepted scientific basis for such claims or without the prior approval of the Public
Agency's governing board. In its Public Agency Consultant capacity,Consultant shall not participate or appear
in any commercially-produced advertisements designed to promote a particular brand name or commercial
product, even if Consultant is not publicly endorsing a product, as long as the Consultant's presence in the
advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of public
Agency.Notwithstanding the foregoing,Consultant may express its views on products to other Consultants,the
Public Agency's governing board, its officers, or o thers w ho m ay b e a uthorized b y t he P ublic A gency's
governing board or by law to receive such views.
27. Project Personnel. In performing the services under this Agreement,Consultant shall use the personnel listed
in Appendix C, attached hereto and made a part hereof by this reference. Changes in project personnel may
only be made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least
thirty(30)days in advance of any proposed change. Any person proposed as a replacement shall possess
training, experience and credentials comparable to those of the person being replaced.
28. USE THE FOLLOWING PARAGRAPH FOR FEDERAL AID FUNDED PROJECTS ONLY
Consultants must-give consideration to DBE Firms as s ecified in 23 CFR 172.5 e
Attachments:Scope of Work,Schedule of Fees
Form approved by County Counsel(5100)
G:%SpbisAContracts\Francisco-2003-2005,doc
Page 4 of 7
Appendix A
SCOPE OF WORK
1. Coordinate with County Staff in the achievement of all the tasks required for the
annual renewal of the Contra Costa Countywide Landscaping District (LL-2) and
levying of assessments for FY 2003-2005.
2. Prepare District's FY 2003-2005 Annual Engineer Report(Preliminary, Final in both
hard and electronic file formats.
3. Prepare District's FY 2003-2005 Annual Assessment Roll (Final in both hard and
electronic file formats) acceptable to Contra Costa County Auditor—Controller's
Office.
4. Prepare District's FY 2003-2005 Annual Assessment Diagrams (Final in both hard
and electronic file formats).
5. Coordinate with County Staff to discuss: methods to be used to update assessment
rolls, review changes in Cedes, review assessment methodology, finalize project
schedule.
6. Coordinate with County Staff to obtain the District current and proposed zone
budgets (fund balances of the current year will be considered in determining any
necessary assessment adjustments for the upcoming year).
Tasks
1. Attend project kick-off meeting with County staff to discuss methods to be used to
update assessment rolls, review changes in the Government and Streets and
Highways C odes, i ncluding a ny S enate B ills t hat w ill a ffect t he renewal of the
districts. Exchange pertinent project information, review the assessment
methodology and finalize project scheduling.
2. Collect available data, such as, any land use information, building permit
information, Assessor's parcel maps, proposed budgets by facility and other data
that is pertinent to the project.
3. The selected consultant will update the assessment diagram for each Zone as
required to show the proposed boundaries in the format required by the Contra
Costa County Auditor's Office.
4. The selected consultant will prepare a DRAFT Preliminary Engineer's Report for
submission to the County staff. This report will detail the cost, classes of
beneficiaries, assessments proposed for the ensuing fiscal year, and other
documentation as required under the Act. Consultant will submit up to ten (10)
copies of the Preliminary Engineer's Report for the Board proceedings. The report
will be prepared by a Registered Civil Engineer.
Page 5 of 7
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. After the initial Board proceedings, selected consultant will make any changes as
requested by the Board to the Engineers Report and submit up to ten (10)copies of
the Final Engineer's Report to the County for review and the Public Nearing guard
proceedings.
6. Selected consultant will attend necessary Board meeting(s) to approve the
Engineer's Reports and adopt the resolutions of intention to levy and collect
assessments for FY 2003-2005.
7. Following adoption of the resolutions of intention for the districts, the selected
consultant will attend the public hearing(s) considering the renewal of the districts.
Following the public hearing(s) the selected consultant will make amendments or
corrections to the Assessment Diagrams/Boundary Maps and Engineer's Reports as
ordered by the Board pursuant to the hearing.
8. Following adoption by the Board of Supervisors of the assessment rate per benefit
unit to be levied upon parcels within the district for FY 2003-05, the selected
consultant will prepare the annual assessment roll for submission to the County
Auditor/Controller.
9. Make changes, as required, in the parcel database for the district to include
annexations or changes that have occurred during the past year based upon
information to be provided by the County.
10. Prepare the assessment roll in magnetic tape format as required by the County
Auditor/Controller.
11. Submit the assessment roll to the responsible officials for inclusion in the ensuing
year's tax roll, and make such adjustments and,corrections as required by the
Auditor/Controller.
12. After acceptance of the assessment roll for inclusion on the ensuing year's tax roll
provide the County with up to ten (10)copies of the Final Engineer's Report and two
(2) bound copies of the Final assessment roll. In addition, an electronic compact
disk will be provided that includes the Final Engineer's Report and Assessment Roll.
Page 6 of 7
Appendix B
SCHEDULE OF FEES
Francisco & Associates, Inc. will bill the County for the lump sum fees as follows:
Contract Allocation
-+-
FY 2003 - 04 FY 2004 - 05 Total
Base Contract $18,000.00 $18,000.00 $36,000.00
Zones 1, 2 & 4 $ 4,700.00 $ 0.00 $ 4,700.00
Zones 9 $ 3,500.00 $16,450.00 $19,050.00
Contingency $ 0.04 $10,000.00 $10,000.00
Total $26,200.00 $44,450.00 $70,650.00
A reimbursable expense for mileage is in the lump sum fees shown above. The County
will be required to pay for all mail house costs, including duplication of envelopes,
letterhead, fact sheets, notices, ballots and postage for the mailing of notices, ballots and
fact sheets, which is shown in the reimbursable fees as shown above.
The hourly rates shall apply as follows:
Principal Engineer $130.00/hour
Project Manager $'1'10.010/hour
Senior Engineer 110.00/hour
Associate Engineer $ 90.00/hour
Senior Financial Analyst $ 90.00/hour
Financial Analyst $ 80.00/hour
CARD Designer $ 80.00/hour
CADD Operator $ 60.00/hour
Clerical $ 45.00/hour
Page 7 of 7
Centra Costa County Number
Standard Form M-I
Revised 2002
QUESTIONNAIRE FOR DETERMINING
INDEPENDENT CONTRACTOR STATUS AND PAYMENT METHOD
All new or renewed independent contractors that do not meet IRS or other legal criteria for
independent contractor status must be paid through the payroll system so that employment,
disability and Social Security taxes can be withheld by the County. Please complete the
following questionnaire for each self-employed individual with whom you intend to contract.
(Dote: this form does not apply to contracts with corporations,temporary help agencies,
partnerships or established businesses with Taxpayer Identification numbers).
For completion by Department Bead or Authorized Designee.
Yes No
I. Do I, as the employer,have the ri t to control the hours, ❑ Z
place and manner of, and means by which the work will be done?
2. Am I setting the independent contractor's hours? ❑
3. Is the independent contractor restricted from providing ❑ Z
services to other businesses or entities while working for the
County?
4, Do I or other departments have employee(s)with similar
duties as the independent contractor?
5. Does the County supply assistants to the independent Z
contractor?
f. Does the County furnish training, tools, equipment or place of Z
work to the independent contractor?
7. Is the individual prohibited from subcontracting out his or her �
services (as opposed to performing them personally)?
A"yes" answer to any of the above questions will require paying the contractor through
the payroll system.
CONTRACTOR APPROVAL: PREPARED BY:
I certify that the answers to the alcove questions
accurately reflect my anticipated Xt
w ng relationship ith the County.
�r REVIEWED AND APPROVED BY:
ontractolid signature V,W1 ,�f
Department Head A-
7,kuihKrized Designee
Contractor's Name (printed)
Form M-1 (Page 1 of 1)
JUI$ ,4,2003 5 t 14Ph1 CCC PUBLIC WORKS N0.461 P.1
Form W-9 Request for Taxpayer Give form to the
(Rev„Keary 2W2) Identification Number tinct Certification mgtreisW.Do not
Scrvl c� serol tis the IRS.
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Enter your TIN in the appropriate box for indvPduaals,this its your social sot uri y number(SSI an—nw a*riumilor
4+toe+aiuer,for a resfdant aftm sot*p ( ,ter O ptd+ed entity,a �t a Part I Instruction*on
page Z.For other entities,it Is your employer oyer Identificcation numbtarr(£IN),if you do not have a number,
see How to get a TI`N on p0p 2, or
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notified rare that I am no longer su4ject to backup withholding,and
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wftolding because you have failed to report art Interest and dividends on your tax return.For real estate transections,Item 2 does not apply.
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taxpayer Idendflcatkan number(TIN)to report,for after owmMber 31,2t M,This is tilted"bsokup Certain payees and payments ars exempt
ex+arnpic,Income paid to you,scat estate wlthh0idin9.'Payments that may be 34ect to from backup withholding.See the Instructions on
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and,when appllCe#afo„w: P ponuity flf esti tot each stash failure unless your
On payatioriCs YOU reGoivit if yap give the failure Is due to reasonable cause and nett to
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if u are a foreign requester,or admir at for falx
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Foreign Entities. detabb or rims and/or Imprlsonment.
Note:Ira wasswgAve yew a fiv'ni*VW than S.The IRS tells tho requester that you Misuse of TINS.it the roquoster discloses or
!`corn W9 rca request fur T?IU.scar rntasT t>so tt►c rumjshad an jot cacti TiN,or u3es TINS in vlofatlon of Federal law,the
regcres
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#erre{tt la zs substantiogy s1myor to dila q.The IRS tells you OW you are Spkoct to rob quoste may be s.utgoct to civil and criminal
backup withholding because yrw did not report
ail your Interest anti dlvlcoma on your tax return
(for rapertoble Interest and divkiands only),or
Cat,No.10231X Form W-9 (Rev,1-2WZ