R02-170
"
RESOLUTION NO.~02- , 70
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND APPROVING A SECOND AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND KIMLEY-HORN AND ASSOCIATES, INC.,
FOR THE INDUSTRIAL AVENUE CORRIDOR
STORMWATER IMPROVEMENTS PROJECT;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SAID AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has deemed it to
e in the best interests of the citizens and residents of the City of Boynton Beach to approve
he Second Amendment to the Consultant Agreement between the City of Boynton Beach
d Kimley-Hom and Associates in the amount of $134,218.15, for additional construction
hase engineering services for Industrial A venueILake Boynton Estates Infrastructure
provement Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton Beach, Florida does
ereby authorize and approve the Second Amendment to the Consultant Agreement between
he City of Boynton Beach and Kimley-Hom and Associates in the amount of$134,218.15,
or additional construction phase engineering services for Industrial AvenueILake Boynton
states Infrastructure Improvements Project, which Second Amendment is attached hereto as
xhibit "A".
Section 2.
The Mayor and City Clerk are authorized and directed to execute said
greement.
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this fl- day of September, 2002.
CITY ?F B~1];.oN J;l'EACH, ~LORIDA
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Roa- 170
SECOND AMENDMENT TO AGREEMENT
THIS IS A SECOND AMENDMENT TO AGREEMENT, dated the J.:L day of
Se.pr~ be(' ,2002, between:
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, hereinafter referred
to as "City,"
and
KIMLEY HORN AND ASSOCIATES, INC., a North
Carolina corporation authorized to do business in the
State of Florida, its successors and assigns, hereinafter
referred to as "Consultant."
WHEREAS, on July 18, 2000, by Resolution No, ROO-lOS, the City Commission
authorized the proper City officials to execute an Agreement with Consultant authorizing the
performance of services for the Industrial Avenue Corridor/Lake Boynton Estates Infrastructure
Improvements Project ("Project"), said Agreement dated July 20,2000 ("Agreement"); and
WHEREAS, on November 20,2001, by Resolution No, RO 1-308, the City Commission
authorized the proper City officials to execute a First Amendment to Agreement, providing for
additional engineering services in connection with the Project; and
WHEREAS, on September 17, 2002, by Resolution No, R02- (10, the City
Commission authorized the proper City officials to execute this Second Amendment to said
Agreement authorizing Consultant to provide additional and continuing services for the Project for an
amount not-to-exceed $134,218.15; and
WHEREAS, Consultant represents that it possesses the knowledge, ability, professional
skills and qualifications to perform services and covenants to carry out the terms of the Agreement and
this Amendment;
NOW, THEREFORE, in consideration ofthe mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the parties agree as follows:
Section 1.
into this Agreement.
The foregoing recitals are true and correct and are hereby incorporated
S:\CA\AGMTS\Consulting\Kimley Horn Amendment2.doc
- 1 -
Section 2, That the Agreement is hereby amended to provide for additional work to
be completed by Consultant in connection with the Project, as more specifically described in
Composite Exhibit "1," which is attached hereto and incorporated herein by reference. Consultant
shall be paid for these additional services in accordance with the Agreement, and in an amount not to
exceed $134,218.15. Payment shall include full payment for all services and costs, including direct
labor, overhead, other costs, subconsultant fees and profit.
Section 3, In all other respects the original Agreement between the parties dated
July 20, 2000, and all amendments thereto are hereby ratified, reaffirmed and shall remain in full force
and effect as provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
WITNESSES:
CITY 07071ZH
By ~: ' " --
/ Mayor!
---
~7~~
~.~
(CORPORATE SEAL)
\\\ \ \ \ \I 1111 1111111
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A'T'~ . 'v 1": ~,;.
t~ "'''''>0, 0 ':'J,e
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11'"
WITNESSES:
KIMLEY HORN AND ASSOCIATES, INe.
a~~
l>resideHt 4,v,"t ,~.
S:\CA\AGMTS\Consulting\Kimley Horn Amendment2.doc
- 2 -
ATTEST:
"
-.-...,\\,
. .,----' ---
(CORPORATE SEAL)
STATE OF flo,.: J ~ :
COUNTYOF~8e(l"~ :
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared before me this October 3 2002,
David R. Bardt and Michael D. Spruce as
Assistant Secretary and Assistant Secretary , respectively, ofKIMLEY HORN
AND ASSOCIATES, INC" a North Carolina corporation, and acknowledged they executed the
foregoing Agreement as the proper officials ofKIMLEY HORN AND ASSOCIATES, INC" for the
use and purposes mentioned in it and they affixed the official seal of the corporation, and that the
instrument is the act and deed of that corporation.
(SEAL)
otary Public, State of Florida
(Signature of Notary taking .........
..~'<t!'.y.:Iift:' Marilyn E. Carran
Acknow ledgment) [*(t!i.":~ MY COMMISSION If CC998647 EXPIRES
~1'~~'1 February 4, 2005
. "'~iIii;I\.~'" aONotO fHRV TROY FAIN INSURANC~ INC.
Marllyn E. Carran
Name of Notary Typed,
Printed or Stamped
My Commission Expires:
February 4, 2005
Commission Number OC998647
S:\CA\AGMTS\Consulting\Kimley Horn Amendment2.doc
- 3 -
EXHIBIT A
SCOPE OF SERVICES
Kimley-Hom and Associates, Inc, has been requested to provide the following
additional services by the City of Boynton Beach:
Additional Construction Phase Services
Kimley-Hom has been providing Construction Phase Services in support of the City
on the Industrial Avenue Corridor Stonnwater Improvement Project since January
2002. We have worked closely with the City's Project Manager to determine the level
of engineering support, construction observation, and clerk-of-the-works services that
are required to adequately oversee construction of this important project. The level of
effort to date has been significantly greater than that anticipated during the original
scoping of the project. The following paragraphs provide justification for the
increased level of effort.
The original contract between Kimley-Hom and the City included a budget of
$54,780.00 for Task 5 - Construction Phase Services, It was anticipated that the
project could be constructed in 3.5 months. However, the scope of construction grew
substantially during design phase as we added several elements to the project. The
additional elements of work included:
· Construction of approximately 1,350 feet of 8" DIP water main, new fire
hydrants, and new service connections for the businesses along Industrial A venue
· Construction of water main improvements within Lake Boynton Estates
· Construction of an extension of the right-turn lane from West Industrial A venue
to Boynton Beach Boulevard
· Construction of additional drainage improvements along West Industrial Avenue
(the original plan did not include significant underground piping and drainage
structures)
· Construction of improvements to the FDOT ditch connecting Detention Pond B
to the E-4 canal
- I -
H:\044349002\contract amendment\AddexA 08-02-02,doc
· Construction of additional sidewalk. improvements in the Industrial Park and near
Detention Pond B
. Construction of a new outfall for the drainage from Southwest 2nd, 3rd, and 4th
A venues in Lake Boynton Estates to the FDOT ditch in response to FDOT
comments
These increases in the scope of construction were accompanied by an increase in
contract duration due to the additional work required. In addition, the project phasing
was altered to reduce the impacts on the business owners and residents in the area, At
the time of the bid, the contract duration was established at 270 days (9 months), This
constitutes a 5.5-month increase in contract duration over that originally scoped.
The City elected not to amend Kimley-Hom's Construction Phase scope at the time of
the design changes. Kimley-Hom agreed to commence our Construction Phase
services on the basis of the original scope and budget to avoid any unnecessary delays
in the proposed construction start date. We agreed that we would readdress any
required budget increases at a later date. As of the date of this Request for Contract
Supplement, Kimley-Hom has expended the entire Construction Phase budget.
The services required of Kimley-Hom have been increased as follows:
· The City has asked that our field representative be available on a full-time basis to
observe the Contractor's progress. This is due largely to concerns about the
quality of the work and compliance with the contract documents. In addition, the
Contractor frequently is working six days per week to recover schedule, so our
inspector is working more than a standard work week. The original budget
considered that field observations would be performed by both City and Kimley-
Horn personnel. We anticipated a division of work between Kimley-Horn and the
City that would allow a half-time inspector for Kimley-Hom and minimal field
visits by the Engineer of Record. We submit that a 9-month assignment for a full-
time field inspector constitutes a substantial increase in the level of effort required
of Kimley-Horn.
- 2-
H:\044349002\contract amendment\AddexA 08-02-02.doc
· It follows that the engineering and office support requirements have been
increased substantially:
· The number of weekly Progress Meetings and engineering site visits has
increased significantly.
· The amount of project correspondence and maintenance of the project records
has also increased.
· The original budget considered reviews of four pay applications. We have
already processed five pay applications and expect to review at least 12 total
pay applications before final closeout.
· The original budget considered reviews of up to 15 RFIs, To date we have
responded to 34 RFIs, and we expect to receive several more as the contractor
begins work in the Industrial Park area,
· The original budget considered reviews of up to 20 submittals, To date we
have reviewed approximately 30 submittals (including resubmittals of
incomplete or incorrect shop drawings).
· The original budget considered processing of up to two Change Orders, To
date we have received 11 Change Order Requests and have prepared five
official Change Orders for signature by the City and the Contractor, We
anticipate that several more Change Order Requests will be received,
· The Contractor has changed their designated Project Manager and
Construction Superintendent, as well as several crew foremen, so the field
engineering requirements have increased as we have worked to acclimate the
new personnel to the project, the project documentation requirements, and our
expectations for quality.
· Despite considerable efforts to coordinate with other utility owners during
design phase, we have expended substantial effort during construction to
coordinate relocation of both underground and above-ground facilities to
facilitate construction.
We believe that we have developed a strong and mutually beneficial working
relationship with the City Project Manager and other City staff on this project, We
- 3 -
H:\044349002\contract amendment\AddexA 08-02-02,doc
have coordinated closely on nearly every activity during design, bid, and construction,
For example, the engineering estimate of construction costs was nearly $2.8 million.
The City Project Manager and Kimley-Horn worked together to clearly define the
scope of work in discrete pay items, and the successful base bid was less than $2,6
million. We also coordinated to create alternative bid items to facilitate better pricing
of the drainage pipes. The resulting bid on the alternative bid items was $2.51
million, This cooperative effort saved the City nearly $86,000 over the base bid, Our
cooperative efforts during construction phase have included numerous site visits to
identify and solve potential problems before the Contractor encounters them, This
proactive approach will certainly provide a benefit to the City and the Contractor in
terms of schedule and project cost.
We have also identified additional opportunities for infrastructure improvements
within the project boundaries that will provide a great benefit to the residents and
business owners in the area. In particular, we have coordinated with the City to
identify opportunities for needed water main upgrades in the Lake Boynton Estates
area. Because the Contractor is already mobilized on site and Kimley-Horn is actively
participating on the project, the City will save money on engineering and construction
of these improvements and will minimize future construction impacts to the residents
in the area.
We have also coordinated closely with the Contractor in an effort to expedite
construction. We believe th~t our open communication with the Contractor has
resulted in field engineering changes that have improved the quality of work and
benefited the project schedule.
We believe that we have demonstrated our commitment to client service and a quality
work product time and time again, However, we recognize that our additional effort
comes at a price to the City. In recognition that the engineering costs have grown
beyond our original estimates, Kimley-Horn has agreed to lower the agreed-upon
hourly billing rate for our field inspector from $65/hr to $50/hr on this project. We
-4-
H:\044349002\contract amendment\AddexA 08-02-02.doc
point out that that our most experienced field inspectors typically bill at substantially
higher rates. Over the life of the project we expect the City to realize a savings of
more than $23,000 as a result of this rate change. We have also written off $9,850 of
engineering effort expended during construction phase,
We request that the City recognize our efforts on your behalf and grant us the
proposed additional fees to complete the project.
- 5 -
H:\044349002\contract arnendment\AddexA 08-02-02,doc
EXHIBIT B
FEE AND BILLING
The original budget for Construction Phase Services was established at $54,780.00,
Kimley-Horn and Associates, Inc. proposes to provide the additional services
described in Exhibit A on an hourly basis using the hourly billing rates defined in
Exhibit C. We will provide these additional services for an additional fee not-to-
exceed $134,218.15. Total fee for Construction Phase Services will be $188,998.15.
Exhibit C is a detailed breakdown of the effort expended to date and the proposed fees
to provide additional services through final closeout.
The not-to-exceed fee includes labor costs and direct expenses as well as items such as
local cellular phone, in-house duplicating and blueprinting, facsimile, local mileage,
telephone charges, postage, and computer expenses. All permitting, application, and
similar project fees will be paid directly by the Client. Alternatively, Kimley-Horn
will agree to pay these fees with the understanding that the City will reimburse us for
these expenses.
Fees will be invoiced monthly based upon the actual effort expended as of the invoice
date. Payment will be due within 25 days of the date of the invoice.
-6-
H:\044349002\contract amendrnenMddexA 08-02-02.doc
EXHIBIT A
SCOPE OF SERVICES
Kimley-Horn and Associates, Inc. has been requested to provide the following
additional services by the City of Boynton Beach:
Additional Construction Phase Services
Kimley-Horn has been providing Construction Phase Services in support of the City
on the Industrial Avenue Corridor Stormwater Improvement Project since January
2002. We have worked closely with the City's Project Manager to determine the level
of engineering support, construction observation, and clerk-of-the-works services that
are required to adequately oversee construction of this important project. The level of
effort to date has been significantly greater than that anticipated during the original
scoping of the project. The following paragraphs provide justification for the
increased level of effort.
The original contract between Kimley-Horn and the City included a budget of
$54,780.00 for Task 5 - Construction Phase Services. It was anticipated that the
project could be constructed in 3.5 months. However, the scope of construction grew
substantially during design phase as we added several elements to the project. The
additional elements of work included:
. Construction of approximately 1,350 feet of 8" DIP water main, new fire
hydrants, and new service connections for the businesses along Industrial A venue
. Construction of water main improvements within Lake Boynton Estates
· Construction of an extension of the right-turn lane from West Industrial A venue
to Boynton Beach Boulevard
· Construction of additional drainage improvements along West Industrial Avenue
(the original plan did not include significant underground piping and drainage
structures)
· Construction of improvements to the FDOT ditch connecting Detention Pond B
to the E-4 canal
- I -
H:\044349002\contract amendment\AddexA 08-02-02,doc
· Construction of additional sidewalk improvements in the Industrial Park and near
Detention Pond B
· Construction of a new outfall for the drainage from Southwest 2nd, 3rd, and 4th
A venues in Lake Boynton Estates to the FDOT ditch in response to FDOT
comments
These increases in the scope of construction were accompanied by an increase in
contract duration due to the additional work required. In addition, the project phasing
was altered to reduce the impacts on the business owners and residents in the area. At
the time of the bid, the contract duration was established at 270 days (9 months), This
constitutes a 5.5-month increase in contract duration over that originally scoped,
The City elected not to amend Kimley-Horn's Construction Phase scope at the time of
the design changes. Kimley-Horn agreed to commence our Construction Phase
services on the basis of the original scope and budget to avoid any unnecessary delays
in the proposed construction start date. We agreed that we would readdress any
required budget increases at a later date, As of the date of this Request for Contract
Supplement, Kimley-Horn has expended the entire Construction Phase budget.
The services required of Kimley-Horn have been increased as follows:
· The City has asked that our field representative be available on a full-time basis to
observe the Contractor's progress, This is due largely to concerns about the
quality of the work and compliance with the contract documents, In addition, the
Contractor frequently is working six days per week to recover schedule, so our
inspector is working more than a standard work week. The original budget
considered that field observations would be performed by both City and Kimley-
Horn personnel. We anticipated a division of work between Kimley-Horn and the
City that would allow a half-time inspector for Kimley-Horn and minimal field
visits by the Engineer of Record. We submit that a 9-month assignment for a full-
time field inspector constitutes a substantial increase in the level of effort required
of Kimley-Horn.
- 2-
H:\044349002\contract amendment\AddexA 08-02-02.doc
· It follows that the engineering and office support requirements have been
increased substantially:
· The number of weekly Progress Meetings and engineering site visits has
increased significantly.
· The amount of project correspondence and maintenance of the project records
has also increased.
· The original budget considered reviews of four pay applications, We have
already processed five pay applications and expect to review at least 12 total
pay applications before final closeout.
· The original budget considered reviews of up to 15 RFIs, To date we have
responded to 34 RFIs, and we expect to receive several more as the contractor
begins work in the Industrial Park area.
· The original budget considered reviews of up to 20 submittals, To date we
have reviewed approximately 30 submittals (including resubmittals of
incomplete or incorrect shop drawings).
· The original budget considered processing of up to two Change Orders, To
date we have received 11 Change Order Requests and have prepared five
official Change Orders for signature by the City and the Contractor, We
anticipate that several more Change Order Requests will be received,
· The Contractor has changed their designated Project Manager and
Construction Superintendent, as well as several crew foremen, so the field
engineering requirements have increased as we have worked to acclimate the
new personnel to the project, the project documentation requirements, and our
expectations for quality,
· Despite considerable efforts to coordinate with other utility owners during
design phase, we have expended substantial effort during construction to
coordinate relocation of both underground and above-ground facilities to
facilitate construction,
We believe that we have developed a strong and mutually beneficial working
relationship with the City Project Manager and other City staff on this project. We
- 3-
H:\044349002\contract amendment\AddexA 08-02-02.doc
have coordinated closely on nearly every activity during design, bid, and construction,
For example, the engineering estimate of construction costs was nearly $2,8 million.
The City Project Manager and Kimley-Horn worked together to clearly define the
scope of work in discrete pay items, and the successful base bid was less than $2.6
million. We also coordinated to create alternative bid items to facilitate better pricing
of the drainage pipes. The resulting bid on the alternative bid items was $2.51
million. This cooperative effort saved the City nearly $86,000 over the base bid. Our
cooperative efforts during construction phase have included numerous site visits to
identify and solve potential problems before the Contractor encounters them, This
proactive approach will certainly provide a benefit to the City and the Contractor in
terms of schedule and project cost.
We have also identified additional opportunities for infrastructure improvements
within the project boundaries that will provide a great benefit to the residents and
business owners in the area. In particular, we have coordinated with the City to
identify opportunities for needed water main upgrades in the Lake Boynton Estates
area. Because the Contractor is already mobilized on site and Kimley-Horn is actively
participating on the project, the City will save money on engineering and construction
of these improvements and will minimize future construction impacts to the residents
in the area.
We have also coordinated closely with the Contractor in an effort to expedite
construction, We believe th~t our open communication with the Contractor has
resulted in field engineering changes that have improved the quality of work and
benefited the project schedule.
We believe that we have demonstrated our commitment to client service and a quality
work product time and time again, However, we recognize that our additional effort
comes at a price to the City. In recognition that the engineering costs have grown
beyond our original estimates, Kimley-Horn has agreed to lower the agreed-upon
hourly billing rate for our field inspector from $65/hr to $50/hr on this project. We
-4-
H:\044349002\contract amendment\AddexA 08-02-02.doc
point out that that our most experienced field inspectors typically bill at substantially
higher rates, Over the life of the project we expect the City to realize a savings of
more than $23,000 as a result of this rate change, We have also written off $9,850 of
engineering effort expended during construction phase,
We request that the City recognize our efforts on your behalf and grant us the
proposed additional fees to complete the project.
- 5-
H:\044349002\contract amendment\AddexA 08-02-02.doc
EXHIBIT B
FEE AND BILLING
The original budget for Construction Phase Services was established at $54,780,00,
Kimley-Horn and Associates, Inc, proposes to provide the additional services
described in Exhibit A on an hourly basis using the hourly billing rates defined in
Exhibit C, We will provide these additional services for an additional fee not-to-
exceed $134,218.15. Total fee for Construction Phase Services will be $188,998.15.
Exhibit C is a detailed breakdown of the effort expended to date and the proposed fees
to provide additional services through final closeout.
The not-to-exceed fee includes labor costs and direct expenses as well as items such as
local cellular phone, in-house duplicating and blueprinting, facsimile, local mileage,
telephone charges, postage, and computer expenses. All pennitting, application, and
similar project fees will be paid directly by the Client. Alternatively, Kimley-Horn
will agree to pay these fees with the understanding that the City will reimburse us for
these expenses,
Fees will be invoiced monthly based upon the actual effort expended as of the invoice
date. Payment will be due within 25 days of the date of the invoice.
-6-
H:\044349002\contract amendment\AddexA 08-02-02.doc
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