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Amendment 23 - CH2MHill a ova -� 7 ?7.2 AMENDMENT NO. 23 TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING (A/E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CH2MHILL, INC. DATED MAY 16, 2001 FOR THE RIGHT -OF -WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 8 BAYSHORE AND SUNSET ISLANDS. This Amendment No. 23 to the above referenced Agreement is made and entered this 2 - day of C j5t , 2012, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 (hereinafter referred to as the City), and CH2MHill, Inc. a Florida Corporation, having its principal office at 800 Fairway Drive, Suite 350, Deerfield Beach, Florida, 33441 (hereinafter referred to as the Consultant). RECITALS: WHEREAS, on May 16, 2001, the Mayor and City Commission adopted Resolution No. 2001 - 24387, approving and authorizing the Mayor and City Clerk to execute an agreement with the Consultant for professional services (the Agreement) for the Right -of -Way Infrastructure Improvements Program Neighborhood No. 8 Bayshore and Sunset Island project (the Project), pursuant to Request for Qualifications No. 134 - 99/00; and WHEREAS, the Agreement provides for the detailed planning services for various streetscape, landscape, and utility improvements within the Bayshore and Sunset Island neighborhoods; and WHEREAS, the planning effort for the Bayshore and Sunset Island neighborhoods has been completed and detail design activities are underway; and WHEREAS, the Agreement was executed in the not -to- exceed amount of $133,174; and WHEREAS, on December 10, 2003, the Mayor and City Commission adopted Resolution No. 2003 - 25432, approving additional design services as Amendment No. 1 to the Agreement, for planning, design, permitting, bidding / award, and construction administrative services for the Bayshore and Sunset Island neighborhoods in the not -to- exceed amount of $1,913,302; and resulting in a revised contract fee of $2,046,476;and WHEREAS, on February 24, 2005, Amendment No. 2 to the Agreement was administratively executed, to re- package Sunset Islands 1 and 2 from Bid Package 8D to Bid Package 8B at no additional cost, resulting in no change to contract; and WHEREAS, on November 8, 2005, Amendment No. 3 to the Agreement was administratively executed to include the completion of a topographic survey along Pine Tree Drive, from West 28 to West 40 Streets, along the east side of the road, in the not -to- exceed amount of $12,850; resulting in a revised contract fee of $2,059,326; and WHEREAS, on February 17, 2006, Amendment No. 4 to the Agreement was administratively executed to include the evaluation, permitting and preparation of construction cost alternatives for the installation of curb /valley gutters to Sunset Islands 1 and 2, in the not -to- exceed amount of $2,500; resulting in a revised contract fee of $2,061,826; and WHEREAS, on February 16, 2006, Amendment No. 5 to the Agreement was executed to include the installation of four (4) drainage test wells to provide additional information for the preparation of a Letter of Reasonable Assurance to be submitted to the Florida Department of Environmental Protection (FDEP), as required in the permit application for the Project, in the not -to- exceed amount of $55,863; resulting in a revised contract fee of $2,117,689; and WHEREAS, on September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006 - 26283, approving Amendment No. 6 to the Agreement for the design of "P3.2" classified water main replacements required by the City's Public Works Department, in the not -to- exceed amount of $372,230; resulting in a revised contract fee of $2,489,919; and WHEREAS, on September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006 - 26283, approving Amendment No. 7 to the Agreement for the design of bike lanes /routes required by the City's Public Works Department, in the not to exceed amount of $58,128; resulting in a revised contract fee of $2,548,047; and WHEREAS, on September 9, 2006, Amendment No. 8 to the Agreement was administratively executed to include the design of alternative parking in the Lake Pancoast area, in the not -to- exceed amount of $24,900; resulting in a revised contract fee of $2,572,947; and WHEREAS, on September 9, 2006, Amendment No. 9 to the Agreement was administratively executed to include the design of road edge treatment to Sunset Islands 1 and 2, in the.not -to- exceed amount of $3,200; resulting in a revised contract fee of $2,576,147; and WHEREAS, on September 9, 2006, Amendment No. 10 to the Agreement was administratively executed to include the design of resident requested modifications in the Lake Pancoast area; in the not -to- exceed amount of $8,680; resulting in a revised contract fee of $2,584,827; and . WHEREAS, on August 6, 2007, Amendment No. 11 to the Agreement was administratively executed for an additional thirty seven (37) soil borings in Sunset Island No. 1 to verify underground utility services and potential conflicts, in the not to exceed amount of $10,400; resulting in a revised contract fee of $2,595,227; and WHEREAS, on April 11, 2007, the Mayor and City Commission adopted Resolution No. 2007- 26504, approving Amendment No. 12 to the Agreement for additional services regarding verification of additional underground utilities to avoid conflicts in 103 boring sites along North Bay Road between Sunset Drive and Alton Road, in the not to exceed amount of $27,500; and 334 boring sites for Bid Package 8A- Central Bayshore, in the not to exceed amount of $94,675; and to perform a traffic study at the intersection of West 28 Street and Prairie Avenue, in the not to exceed amount of $20,780; all resulting in a revised contract fee of $2,738,182; and WHEREAS, on December 20, 2007, Amendment No. 13 to the Agreement was administratively executed for additional services to expand the traffic study of alternative design concepts for the 28 Street and Prairie Avenue intersection (previously authorized under Amendment No. 12), in the not to exceed amount of $22,156; resulting in a revised contract fee of $2,760,338; and WHEREAS, on December 20, 2007, Amendment No. 14 to the Agreement was administratively executed for additional services to implement miscellaneous design revisions to bike lanes, traffic tables, crosswalks, the 28` Street and Prairie Avenue intersection, and water mains, in the not to exceed amount of $15,403; resulting in a revised contract fee of $2,775,741; and WHEREAS, on December 7, 2007, Amendment No. 15 to the Agreement was administratively executed for additional services to prepare a re- application package for the Historic Preservation Board for the Lake Pancoast Bid Package, in the not to exceed amount of $2,145; resulting in a revised contract fee of $2,777,886; and WHEREAS, on December 7, 2007, Amendment No. 16 to the Agreement was administratively executed for additional services for design services, preparation of materials, and attendance at a meeting with residents discussing options for the intersection of 28 Street and Prairie Avenue, in the not to exceed amount of $2,947; resulting in a revised contract fee of $2,780,833; and WHEREAS, on January 6, 2009, Amendment No. 17 to the Agreement was administratively executed for additional services for design services, preparation of materials, and attendance at various Board and civic meetings discussing options on Sunset Islands No. I and II, in the not to exceed amount of $15,344; resulting in a revised contract fee of $2,796,177; and WHEREAS, on January 6, 2009, Amendment No. 18 to the Agreementwas administratively executed for additional services for design services necessary for the preparation of a technical memorandum evaluating the use of exfiltration trenches in lieu of a stormwater pump station in Lake Pancoast, in the not to exceed amount of $15,196; resulting in a revised contract fee of $2,811,373; and WHEREAS, on October 14, 2009, the Mayor and City Commission adopted Resolution No. 2009 - 27223, approving Amendment No. 19 to the Agreement which provided for additional design scope on Sunset Islands No. 3 and 4; that included preparation of a technical memorandum which investigated the existing stormwater system, proposed improvements required to meet a 5 -year, 1- day level of service, and presented them in a schematic plan; that relocated water meters in rear easements to the right -of -way; that added valley gutters, catch basins, replacement/upsizing of outfalls, tideflex valves, and stormwater quality improvements; that coordinated the undergrounding of electric, cable, and phone services; that coordinated new gas service; and that updated the existing condition sheets; in the not -to- exceed amount of $108,000; resulting in a revised contract fee of $2,919,373; and WHEREAS, on April 13, 2011, the Mayor and City Commission adopted Resolution number 2011 - 27644, approving Amendment No. 20, to reallocate funds from construction administration to bidding and award services for the Bayshore and Sunset Island Neighborhoods No. 8A, 8B, 8C, and 8D packages for additional services associated with the extended bidding and award phase, in the amount of $340,069.99; increasing the bidding and award services budget for Neighborhoods No. 8A, 8B, 8C, and 8D packages from $14,806 to $159,397.84, $14,806 to $135,522.06, $14,806 to $54,555.13, and $14,806 to $49,818.96, respectively, for a total bidding and award services budget of $399,293.99, and decreasing the total construction administration budget from $371,441 to $31,371.01; and WHEREAS, on April 13, 2011, the Mayor and City Commission adopted Resolution number 2011- 27644, approving Amendment No. 21, to the Agreement which provided additional services for design documents and permitting services to procure the DERM Tree Removal Permits for the Bayshore Neighborhood No. 8 and Sunset Island Projects, to participate in value engineering, for design modifications and associated re- permitting services to incorporate the level of service review comments, for a total not -to- exceed amount of $198,717.97; and WHEREAS,'on July 13, 2011, the Mayor and City Commission adopted Resolution number 2011 - 27683, approving Amendment No. 22 to the.Agreement approving additional Construction Administration services, for a period of twenty -six (26) months for the Bayshore Neighborhoods No. 8A, and 8C, Packages in the amount of $640,586, and $59,414, for reimbursables, for a grand total not-to- exceed amount of $700,000; and WHEREAS, on July 18, 2012, the Mayor and City Commission adopted Resolution number 2012- 27972, approving Amendment No. 23 to the Agreement approving additional design changes to the Basis of Design Report for Neighborhood No. , 8 Bayshore /Sunset Islands (BODR), as requested by the Central Bayshore Homeowner Association, as well as additional stormwater upgrades to the area known as Zone 4 for the Neighborhood No. 8A Packages, in the amount of $200,401, and $7,440, for reimbursables, for a grand total not -to- exceed amount of $207,841, resulting in a revised contract sum of $4,025,932; and NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 23. 2. MODIFICATIONS The Agreement is amended to include Construction Administration Services described in Exhibit "A" Task Order 23, and the additional professional services fees, as described in the Consultant's Labor and Expenses breakdown, attached as Exhibit "B" to this Amendment. 3. OTHER PROVISIONS All other provisions of the Agreement remain unchanged. 4. RATIFICATION The City and Consultant ratify the terms of the Agreement, as per this Amendment No. 23. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 23, to be executed in their names by their duly.authorized officials as of the date first set forth above. ATTEST:. CITY OF MIAMI BEACH LU ....... Rat gel Granado, City Clerk .• '' .. tti Herrera Bower, Mayor ' INCORP ORATED: C���ISULTANT: ATTEST: INC. Secret ry: Vice - Preside Print Name Print Name APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION ttorn U Dat f ATTACHMENTS: Exhibit A Consultant's Amendment 23 (Task Order 23) Exhibit B —Labor and Expenses Breakdown F:1CAP11$all't.Projeri Fi!es' Bayshore A - Central BayshorelCH2M Hill Arnendments`Sayshore CH21v1Hi1l Amendment No 23 A;'1 i .docx - Amendment No. 23 (Task Order) BODR Based Design Modifications and Additional Permitting Services for Improvements for the Central Bayshore Project Area This Task Order, when executed, shall be incorporated in and will become an integral part of.the STANARD AGREEMENT FOR PROFESSIONAL SERVICES dated May 16, 2001. PROJECT DESCRIPTION Following completion of design and permitting services for the Central Bayshore project area, the neighborhood association (HOA) requested that the City consider changing the configuration of some streets in the project area and change some aspects of the completed design. Some of the requested changes require coordination with the City's Bike Route Master Plan. The requested changes were not part of the Basis of Design Report (BODR) upon which the project design was developed and therefore the work requires acceptance of revisions to the BODR. Permits obtained to date are also based on the current design and will need to be updated. The City desires to include the requested changes as part of the current project construction work. In addition, changes in the area around and downstream of the Central Bayshore area have altered drainage patterns not anticipated by the design of stormwater systems contained in the current project(s). This includes existing and proposed changes to the two, City owned golf courses adjacent to this project. The City has requested changes to the design of stormwater facilities in the Central Bayshore area to provide additional relief from potential flooding conditions in the vicinity of the two golf courses. There are also numerous locations throughout the project area where changed conditions that have occurred since the design was completed require localized modifications to the design. 1 SCOPE OF SERVICES Task 1 — Central Bayshore Design Modifications The CONSULTANT will provide design services to update the construction documents and include the following changes to the design. The design changes are subject to the final approval of the City Public Works Department (PW), the Miami -Dade Public Works Department (MDPW) and other authorities. Bike route modifications will need to comply with the City's Bike Master Plan. It is anticipated that all project design changes will be incorporated into the existing construction contracts by change order. The CONSULTANT makes no guarantee that the requested changes can be approved and added to the final construction documents for incorporation into the project work: 1. Reduce the width of Sheridan Ave. to 24 feet and add bike lane signage ( "sharrows ") to Sheridan Ave. from 30" to 40 Streets to provide for designated, "shared" bike lanes. Provide bus stop turn -outs at current bus stop locations or at locations determined by the agency responsible. 2. Eliminate the proposed, separate bike lanes on Meridian Avenue from Dade Boulevard to 28 Street, narrow the proposed pavement to 22 feet and provide designated, "shared" bike lanes. 3. Sidewalks along 28 St. will be coordinated with the pathways provided in the Par 3 golf course project. The pavement width on W. 28 St. will remain at 24 feet. 4. Reduce the pavement width of 34 Street to 22 feet and provide designated, "shared" bike lanes. 5. Delete the proposed improvements on Fairgreen Ave. except for water main replacement. 6. Eliminate all proposed mid -block stamped asphalt decorative treatments throughout the project and replace with brick pavers. 7. Eliminate all proposed stamped asphalt decorative crosswalk treatments at intersections and replace with paver brick crosswalks. Note that MDPW has requested that many intersections in the project area be changed to 4- way, including those on 40 St. 2 8. Eliminate the proposed Royal Palm species on the south side of 40 Street and replace with canopy trees (species to be determined by the City) and add more canopy trees wherever possible throughout neighborhood replacing palm trees if need be. The tree planting will be coordinated with the Parks Department with the intent of maintaining species consistent with the character of the neighborhood, or will be in accordance with the proposed landscaping plan provided by representatives of the HOA. Relocate drainage structures on 40 Street impacted by recently installed street light support poles. 9. Delete proposed work on Prairie Ave. between W. 28 St. and Dade Boulevard and coordinate design with previously constructed project. 10. Incorporate the changes into the existing contract documents by contract Change Order using existing unit prices where appropriate to add and delete items from the contract as needed. Documentation for items not currently part of the construction contract will be developed for negotiation with the contractor. The CONSULTANT will provide a cost estimate for the proposed design changes. 11. Redesign of Sheridan Ave. adjacent of the SRYC. Design will include parking, signage, bus -stop relocation and traffic flow based on a concept design provided by CIP. The intersection configurations at Sheridan//. 28 St. and Sheridan /Pinetree will be based on the outcome of a traffic study prepared by a separate traffic consultant. The consultant shall also provide a revised signalization control strategy for the traffic signal at the Sheridan /Pinetree intersection. Task 2 — Central Bayshore Stormwater Modifications Provide a design for a stormwater collection system to serve the southwest portion of the Central Bayshore area with boundaries roughly defined by W. 28 St. to the south, Prairie Ave. to the west, Sheridan Ave. to the east and W. 34 St. to the north. The intent is to have this work included in the current construction contract. If issues associated with cost or schedule prevents this, the design will become Phase 2 to be constructed under a future improvements contract. 1. The design will include collection, detention, pumping facilities and pressure injection wells similar to the other components of the existing project. 2. The detention, pumping and injection facilities will be located. within the vicinity of the north side of the Par 3 golf course at a location to be approved by the City. 3 3. Stormwater connections back to the City Golf Course will be abandoned so as to prevent backflow of drainage from the golf course. The stormwater model will be utilized to determine the height of a berm to extend from Chase Avenue to Dade Boulevard to contain the 1 day /25 year storm event within the golf course without overflow the Central Bayshore area. 4. The basin stormwater system will be designed to meet the design flows from the contributing basin area as delineated by CDM, pursuant to the Citywide Stormwater Master Plan. 5. In conjunction with the roadway changes provided in Task 1 above, provide either swales or valley gutters as appropriate to direct flow to the collection system throughout the project area. If valley gutters are implemented, sluices or flumes will be incorporated to direct flow into the collection system inlets as currently designed. 6. To reduce costs and allow for the addition of Item 2.1 above, delete the pump station and pressure injection wells in the basin currently known as PS #2 between Pinetree and Flamingo Drives in the northeast portion of the Central Bayshore area. The collection and disposal system along Flamingo Drive will be redesigned to incorporate gravity disposal wells and an upgrade to the existing outfall. a. The changes described above are anticipated to be included in the current construction contract. b. Modeling for the redesigned collection system will be conducted and provided by the City to the CONSULTANT for its use in understanding the .proposed changes. Additional modeling will be provided by the FOR to support the design and permitting (below). The modeling will be coordinated with the design of the Par 3 golf course -to determine if additional capacity exists on the golf course to handle flow from the Central Bayshore area. c. Modify existing computations of stormwater runoff and disposal to support the above design changes. Modifications to inlets, manholes, well systems may be required to accommodate some changes. d. Include provisions for improving drainage at the 33� and 35 St. intersections with Pinetree Drive. e. Provide a connection to the Basin #5 system south of W. 33 St. f. Project will include the replacement of an existing outfall from Flamingo Drive north of W. 28 St. and an increase in size from 24 to 36 inches. 4 7. Provide a design and prepare permit modifications for replacement of the outfall on Flamingo Drive north of W. 35 St. The house at that location is being reconstructed and Public Works has requested that the outfall be replaced while there is the opportunity. The outfall work was not included in the original design; however the cost of the outfall replacement was included as an allowance under the contract with Lanzo Construction. 8. Provide a design for the replacement of the existing collection system on North Meridian Avenue, between W. 28 St. and Dade Blvd. a. System will be based on swales, road grading and inlet system revisions as required to meet the design conditions. Existing facilities will be used to the extent possible. b. Basin will extend east to the back lot lines of the houses along Meridian and west to the ridge along the golf course. c. Discharge will be to the recently installed 36 inch sleeve in the new seawall. d. Drainage connections between the City Golf Course and the street drainage pipes will be disconnected. With the berm to be provided as per Task 2.1.d above, it is assumed that the golf course will contain its own runoff under future conditions. e. The changes in this basin are significant enough to require new permitting with DERM and SFWMD (below). Task 3 — Permitting For this task, the CONSULTANT shall prepare or update as necessary the permits affected by the proposed design changes. Specific activities will include: • Submit permit application forms to CITY for their review. • Incorporate comments /revisions from CITY and then submit to the appropriate permitting authority. • Provide response to up to two requests for additional information, if requested by the referenced permitting authorities. • Up to two meetings with the referenced permitting authorities as required to facilitate the permitting processes • Incorporate comments /revisions from permitting authorities, if required. • CONSULTANT will communicate and coordinate with regulatory agencies as required to facilitate the permit approval process. 5 The permit authorities that may be affected by the proposed design changes include the following authorities. It is not expected that the proposed design changes will affect any of the stormwater, dewatering or environmental permits. • Miami -Dade Public Works (pavement width, bike route changes, water main replacement in Pinetree and the reconfigured Sheridan /Pinetree area near the SRYC) • City of Miami Beach Public Works (pavement width and bike route changes) • Miami -Dade Health Dept. for the replacement of the Pinetree water main. • Miami -Dade DERM (landscaping and tree removal) • City of Miami Beach Parks Department (landscaping and tree removal) • ACOE, DERM, SFWMD and FDEP for changes to stormwater system designs. • The relocation of the pump station from the PS #2 basin to the southwest area of Central Bayshore is expected to be limited to a modification of existing permits. • The new gravity system in the area served by the relocated PS #2 will require new permitting through DERM, FDEP and the SFWMD. • The Lake Pancoast and Flamingo Drive outfall replacements will require modification of the SFWMD permits and new ACOE permits. Deliverables: 1. Revised drawings showing the proposed design changes to be added to the current contract documents by change order. 2. Develop project change orders to incorporate design changes into the construction contract(s). 3. Completed application forms or permit update requests. 4. All permit deliverables will include the appropriate number of full -size sets and half -size drawing sets as well as one electronic PDF. Assumptions: 1. Tasks.1 and 2 of the scope of work will be completed no later than 60 days following the notice to proceed (NTP) from City, and the CITY's timely review of deliverables. Task 3 will proceed as soon as design documents are completed and approved for submittal. Permit 6 applications will be provided for execution by the City concurrent with design submittals. 2. Task 1 assumes that sufficient survey information exists to complete the design changes. 3. Task 1 design revisions do not anticipate the requirement to change the grade of sidewalks or perform major re- design of the systems as they are currently designed in particular changes that would result in the need to re- permit other aspects of the project. Proposed design revisions are based on documentation from PW, CIP and HOA (CIPOC) representatives and as directed by the CITY. Changes to the design documents will be prepared for inclusion by change order into the project work. If the level of re- design exceeds what is anticipated, the CONSULTANT shall advise the CITY that additional amendment to this contract may be required. 4. Golf course existing conditions and modeling of stormwater discharge to be provided by CDM. 5. That no MD DERM Class I permits are necessary for the outFall pipe work. 6. CONSULTANT will attend up to 2 meetings with HOAs or individual. homeowners regarding the proposed design changes. 7. Borings for the new pump station or other requirements will be obtained using the City's existing services contract. 8. All review documents will be provided electronically by use of FTP, Sharepoint or E- Builder document transfer sites. 9. CITY will pay all permitting fees. 10. CITY will provide written, application comments within two weeks of receipt of all review packages. CONSULTANT will respond to comments in writing within one week of receipt from CITY. 11. Travel expenses will be reimbursed by the CITY. 12. CH21VI HILL shall not be responsible for Regulatory Agency delays, or any delay caused beyond our control. 13. Additional construction phase services and construction and bid phase services a new construction contract (if necessary) are not included in this amendment. PAYMENT AND COMPENSATION The total fee proposed for the scope of work described above shall be a time basis fee in the amount of $207,841.00, including an allowance for reimbursable expenses as shown 7 in Attachment B. Additional survey services are not expected and are not included in this Amendment. Item Amount Task 1 — Central Bayshore Design Modifications $89,810.00 Task 2 — Central Bayshore Stormwater Modifications $78,455.00 Task 3 — Permitting $32,136.00 Reimbursable Expenses $7,440.00 Total Amendment No. 23 $207,841.00 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 23, to be executed in their name by their duly authorized officials of the date first set forth above. CITY OF MIAMI BEACH, FLORIDA CH2M HILL Date-. Date: - a tti Herrera Bower, renda Van Rave waay, P.E. 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