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RESOLUTION NO. 12950
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND BROWN AND CALDWELL, INC., TO
REPLACE LOW-VOLTAGE ELECTRICAL SWITCHGEAR
AT THE WATER RECLAMATION FACILITY AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL
TO EXECUTE SAME
WHEREAS, the Pueblo Wastewater Department operates a Water Reclamation
Facility providing municipal wastewater treatment; and
WHEREAS, the original electrical low-voltage switchgear is old, obsolete, and in
need of replacement; and
WHEREAS, the City is obligated to comply with the effluent limits contained in its
discharge permit; and
WHEREAS, Brown and Caldwell, Inc. is the Consultant Engineer of Record and
is the most qualified to serve the Pueblo Wastewater Department; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
An Agreement, a copy of which is attached hereto and made a part hereof by
reference, after having been approved as to form by the City Attorney, by and between
the City of Pueblo, a Municipal Corporation, and Brown and Caldwell, Inc. to provide
assistance with specifying replacement switchgear and inspecting the installation of
replacement switchgear as set forth in said contract.
SECTION 2.
Work performed under this contract may include, but is not limited to, the
following items:
1. Review existing record drawings of plant facilities and information and
drawings for new and planned facilities;
2. Field-verify existing equipment;
3. Modify one-line diagrams and develop preliminary electrical and I&C plan
drawings, grounding plans, and electrical detail drawings;
4. Develop construction and procurement specifications; and
5. Perform Arc Flash analysis for switchgear and breakers.
SECTION 3.
The President of the City Council is hereby authorized to execute said
Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix
the Seal of the City thereto and attest the same.
SECTION 4.
Funds for work performed under this agreement shall be from the Sewer User
Fund Project No. WW1203.
SECTION 5.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution and the attached agreement to
effectuate the transactions described therein.
SECTION 6.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: May 12, 2014
BY: Chris Kaufman
COUNCIL PERSON
City Clerk’s Office Item # M-5
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: May 12, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
From: Gene Michael, Wastewater Director
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
SUBJECT:
OF PUEBLO, A MUNICIPAL CORPORATION, AND BROWN AND
CALDWELL, INC., TO REPLACE LOW-VOLTAGE ELECTRICAL
SWITCHGEAR AT THE WATER RECLAMATION FACILITY AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE SAME
SUMMARY:
Attached is a resolution accepting an agreement between the City and Brown and
Caldwell, Inc. for consulting engineering services relating to in-kind replacement of 17-
year-old electrical switchgear at the Water Reclamation Facility.
PREVIOUS COUNCIL ACTION
:
On November 25, 2013, the City Council approved Resolution No. 12828, selecting
Brown and Caldwell, Inc. as the Engineer of Record for the Wastewater Department.
BACKGROUND
:
The Wastewater Department operates the James R. DiIorio Water Reclamation Facility
which treats municipal wastewater for the City. The Water Reclamation Facility
receives electric power from two independent substations. In the event of loss of power
from one source, automatic switchgear located on site transfers power from the
remaining feed to the entire facility to maintain operation. The electric switchgear is 17
years old and is obsolete; repair parts are not available. In addition the switchgear was
designed to perform only a limited number of transfers and is approaching its maximum.
Under this agreement the City will purchase and install replacement switchgear. Brown
and Caldwell, Inc. will provide an electrical engineer to provide assistance in specifying
appropriate equipment and assist with inspecting the installation of the new equipment.
FINANCIAL IMPLICATIONS
:
The cost of the agreement with Brown and Caldwell to replace low-voltage electrical
switchgear will not exceed $256,153. Funds are available from the Sewer User Fund
and have been appropriated to Project WW1203.
BOARD/COMMISSION RECOMMENDATION
:
Not applicable
STAKEHOLDER PROCESS
:
Not applicable
ALTERNATIVES
:
The no-action alternative would simply allow the original electric switchgear to remain in
service until it fails. Failure of the electrical switchgear could result in an extended loss
of electric power to the Water Reclamation Facility, which could result in the release of
untreated or incompletely-treated wastewater to the Arkansas River in violation of
effluent limits.
On-site electric power generation could be investigated as a means of offsetting loss of
an external electric power source. The solar photovoltaic array could be expanded, but
the additional power would be available only during daylight hours. Wind power
generation could be investigated, but the additional power would be available only when
the wind is blowing within a specific speed range. Biogas generation of electric power
can be investigated, but it is unlikely that the relatively small volume of biogas produced
at the Water Reclamation Facility could replace the full process demand for even a
short time. All these alternative generation options would require extensive study,
design, and construction, and likely would not suffice to meet emergency requirements.
RECOMMENDATION
:
Approval of the Resolution.
Attachments
: Professional Services Agreement between the City of Pueblo and
Brown and Caldwell, Inc.
ATTACHMENT A
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this 12th day of May , 20 14 by and between the
City of Pueblo, a Municipal Corporation ( "Client ") and Brown and Caldwell, Incorporated, a California corporation,
1697 Cole Boulevard, Golden, Colorado 80401 (hereinafter referred to as "Consultant ") for Consultant to render
professional electrical engineering services for Client with respect to Project 2 -Low Voltage Switchgear
Replacement (65A &65B)- Design and Construction Support Services and related ancillary services, hereinafter
referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties agree as
follows:
SECTION 1. GENERAL AND SCOPE OF SERVICES.
(a) Consultant shall satisfactorily perform the professional planning and consulting services for the
Project described in more detail in Schedule 1 attached hereto and incorporated herein by reference (the "Basic
Services "). Such services shall include all usual and customary professional engineering services including any
required drafting or design services incident to its work on the Project as set forth in Schedule 1.
(b) To the extent Consultant performs any of the Project work through subcontractors or
subconsultants, Consultant shall be and remain as fully responsible for the full performance and quality of services
performed by such subcontractors or subconsultants as it is for services performed directly by Consultant or
Consultant's employees.
SECTION 2. CONSULTANT'S RESPONSIBILITIES.
(a) Consultant shall be responsible for the professional quality, technical accuracy and timely
completion of Consultant's work, including that performed by Consultant's subconsultants and subcontractors, and
including drawings, reports and other services, irrespective of Client's approval of or acquiescence in same.
Consultant shall perform its services in accordance with generally- accepted standards and practices customarily
utilized by competent engineering firms in effect at the time Consultant's services are rendered.
(b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage
to Client to the extent caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably
waives and excuses Client and Client's attorneys from compliance with any requirement to obtain a certificate of
review as a condition precedent to commencement of an action, including any such requirements set forth in Section
13 -20 -602, C.R.S. or similar statute, whether now existing or hereafter enacted.
(c) Consultant shall be completely responsible for the safety of Consultant's employees in the
execution of work under this Agreement and shall provide all necessary safety and protective equipment for said
employees.
(d) Consultant's obligation to render services shall continue for such period of time as may reasonably
be required for completion of the work contemplated in Schedule 1 as set forth in Schedule 3 of this Agreement.
Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant proposes to accomplish
its work, with time periods for which it will commence and complete each major work item.
0 Time is of the Essence. [Check this box as applicable to Consultant's services. If applicable, the following is
incorporated.)
Consultant acknowledges that time is of the essence with respect to the completion of its services under this
Agreement. Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant proposes to
accomplish its work, with time periods for which it will commence and complete each major work item. Except for
Force Majeure events, or any reasonable period of time extended under Section 4(d) below, Consultant shall adhere
to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement of
interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has accounted
CA apprvd form 3/12/10 1
for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities
required for the work and the availability of information which must be obtained from any third parties, and all
conditions to access to public and private facilities.
(e) Before undertaking any work or incurring any expense which Consultant considers beyond or in
addition to the Scope of Work described in Schedule 1 or otherwise contemplated by the terms of this Agreement,
Consultant shall advise Client in writing that (i) Consultant considers the work beyond the scope of this Agreement,
(ii) the reasons that Consultant believes the out of scope or additional work should be performed, and (iii) a
reasonable estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work
until authorized in writing by Client. The compensation for such authorized work shall be negotiated, but in the
event the parties fail to negotiate or are unable to agree as to compensation, then Consultant shall be compensated
for its direct costs and professional time at the rates set forth in Schedule 2 attached hereto.
SECTION 3. FEES FOR SERVICES; PAYMENT.
(a) Client will pay to Consultant as full compensation for all services required to be performed by
Consultant under this Agreement, except for services for additional work or work beyond the scope of this
Agreement, the maximum sum of U.S. $256,153 computed as set forth in Schedule 2.
(b) Consultant shall submit periodic, but not more frequently than monthly, applications for payment,
aggregating to not more than the maximum amount set forth above, for actual professional services rendered and for
reimbursable expenses incurred. Applications for payment shall be submitted based upon the hourly rates and
expense reimbursement provisions set forth in Schedule 2 attached hereto, and shall contain appropriate
documentation that such services have been performed and such expenses incurred. Thereafter, Client shall pay
Consultant for the amount of the application within 45 days of the date such application is received.
(c) No separate or additional payment shall be made for profit, overhead, local telephone expenses,
lodging, routine photocopying, computer time, or similar expenses unless otherwise provided and listed in Schedule
2.
(d) No compensation shall be paid to Consultant for services required and expenditures incurred in
correcting Consultant's negligent errors or omissions.
(e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the
provisions of Section 2(e).
(f) In the event services under this Agreement are phased and to be performed in more than one fiscal
year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial
appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial
and subsequent annual appropriations.
SECTION 4. CLIENT'S RESPONSIBILITIES.
(a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all
relevant information, surveys, data and previous reports accessible to Client which Consultant may reasonably
require - . Consultant shall rely on information provided without verification unless otherwise agreed in Schedule 1.
(b) Client shall designate a Project Representative to whom all communications from Consultant shall
be directed and who shall have limited administrative authority on behalf of Client to receive and transmit .
information and make decisions with respect to the Project. Said representative shall not, however, have authority to
bind Client as to matters of governmental policy or fiscal policy, nor to contract for additions or obligations
exceeding a value which is the lesser of $5000 or 5% of the maximum contract price.
(c) Client shall examine all documents presented by Consultant, and render decisions pertaining
thereto within a reasonable time. The Client's approval of any drawings, specifications, reports, documents or other
materials or product furnished hereunder shall not in any way relieve Consultant of responsibility for the
professional adequacy of its work.
(d) Client shall perform its obligations and render decisions within a reasonable time under the
CA apprvd form 3 /12/10 2
circumstances presented. Based upon the nature of Client and its requirements, a period of 14 days shall be
presumed reasonable for any decision not involving policy decision or significant financial impact, when all
information reasonably necessary for Client to responsibly render a decision has been furnished. A period of 46
days shall be presumed reasonable for Client to act with respect to any matter involving policy or significant
financial impact. The above periods of presumed reasonableness shall be extended where information reasonably
required is not within the custody or control of Client but must be procured from others.
SECTION 5. TERMINATION.
(a) Client reserves the right to terminate this Agreement and Consultant's performance hereunder, at
any time upon written notice, either for cause or for convenience. Upon such termination, Consultant and its
subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data,
drawings, specifications, reports, plans, calculations, summaries and all other information, documents, work product
and materials as Consultant may have accumulated in performing this Agreement, together with all finished work
and work in progress.
(b) Upon termination of this Agreement for events or reasons not the fault of Consultant, Consultant
shall be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date of
termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs
could not be avoided or were incurred in mitigating loss or expenses to Consultant or Client. In no event shall
payment to Consultant upon termination, exceed the maximum compensation provided for complete performance in
Section 3(a).
(c) In the event termination of this Agreement or Consultant's services is for breach of this Agreement
by Consultant, or for other fault of Consultant including but not limited to any failure to timely proceed with work,
or to pay its employees and consultants, or to perform work with that level of care and skill ordinarily exercised by
Consultants performing similar services at the time such services are performed, or to perform work in a manner
. deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right to compensation
shall be limited to the lesser of (a) the reasonable value of completed work to Client or (b) payment at the rates
specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to
date of termination.
(d) Consultant's professional responsibility for its completed work and services shall survive any
termination.
SECTION 6. RESERVED.
SECTION 7. USE OF DOCUMENTS.
(a) Plans, drawings, designs, specifications, reports and all other documents and instruments ( "Work
Product ") prepared or provided by Consultant hereunder shall become the sole property of Client, subject to
applicable federal grant requirements, and Client shall be vested with all rights therein of whatever kind and
however created, whether by common law, statute or equity. In the event Client uses Work Product provided
hereunder for another project independent from Project, without adaptation by Consultant, Client shall hold
harmless and indemnify Consultant from all loss, claims, injury and judgments arising from the use of such Work
Product for such other project. Consultant shall retain all rights to its pre- existing proprietary information and
intellectual property. Client shall have access at all reasonable times to inspect and make copies of all notes, designs,
drawings, specifications, and all other technical data or other documents pertaining to the work to be performed
under this Agreement. In no event shall Consultant publish Work Product developed pursuant to this Agreement
except (i) with advance written consent of Client, which consent may be granted or withheld in Client's sole and
absolute discretion and (ii) in full compliance with the requirements of this Agreement and applicable federal
regulations.
CA apprvd form 3 /12/10 3
SECTION 8. INSURANCE AND INDEMNITY.
(a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such
insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal
injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its
employees, and from claims or damages because of injury to or destruction of property including loss of use
resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b).
(b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows:
(i) Workers' Compensation Insurance complying with statutory requirements in Colorado
and in any other state or states where the work is performed. The Workers' Compensation Insurance policy
shall contain an endorsement waiving subrogation against the Client.
(ii) Commercial General Liability Insurance (Policy Form CG 00 01) with coverage limits of
no less than $1,000,000 per occurrence and in the aggregate, for bodily injury and property damage,
including premises /operations and completed operations /products liability. The Commercial General
Liabiity Insurance policy shall also provide coverage for contractual liability and contain an endorsement
waiving subrogation against the Client.
(iii) Automobile Liability Insurance with coverage limits no less than $1,000,000per accident
and contain coverage for both hired and non -owned vehicles and equipment.
(iv) Umbrella/Excess Liability Insurance in an amount not less than $1,500,000 per
occurrence and in the aggregate in excess of the primary limits.
(v) Professional Liability Insurance with coverage of not less than One Million and No /100
Dollars ($1,000,000.00 each claim/aggregate) covering claims arising from the negligent acrs, errors or
omissions in the services performed by Consultant for Client under this Agreement.
(vi) The Commercial General Liability Insurance, Automobile Liability Insurance and
Umbrella/Excess Liability Insurance policies shall be endorsed naming Client, its officers, agents and
employees as additional insureds.
(c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to
third parties, to the extent caused by the negligent acts, errors or omissions of Consultant, its employees,
subcontractors and consultants.
SECTION 9. SUBCONTRACTS.
(a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client
has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities
through subconsultants or subcontractors, Consultant shall contractually bind each of its subconsultants and
subcontractors by subcontract agreement to all of the terms of this Agreement which are for the benefit of Client,
and Client shall be a third party beneficiary of those subcontract provisions.
(b) Consultant shall indemnify and defend Client from all claims and demands for payment for
services provided by subcontractors of Consultant.
(c) Consultant acknowledges that, due to the nature of the services to be provided under this
Agreement, the Client has a substantial interest in the personnel and consultants to whom Consultant assigns
principal responsibility for services performed under this Agreement. Consequently, Consultant represents that it
has selected and intends to employ or assign the key personnel and consultants identified in its proposal submitted to
Client prior to execution of this Agreement to induce Client to enter this Agreement. Consultant shall not change
such consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's
consent thereto. Consultant shall not assign or reassign Project work to any person to whom Client has reasonable
objection.
CA apprvd form 3 /12/10 4
SECTION 10. REQUIRED FEDERAL PROVISIONS. [Delete if inapplicable.]
Deleted — Not Applicable
SECTION 11. MISCELLANEOUS.
(a) Notices. Any and all notices or other communications required or permitted by this Agreement or
by law to be served on or given to either Consultant or Client by the other party shall be in writing and shall be
deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such
personal service, when deposited in the United States mail, first -class postage prepaid, addressed to the Client,
Attention:
Mr. Gene Michael, Director, Wastewater Department, 1300 S. Queens Ave., Engineering Building, Pueblo,
Colorado, 81001 or to Consultant at
Mary J. Gearhart, PE, Brown and Caldwell, 1697 Cole blvd., Suite 200, Golden, CO 80401. Either party may
change his address for the purpose of this paragraph by giving written notice of such change to the other party in the
manner provided in this paragraph.
(b) Entire Agreement. This instrument contains the entire agreement between Consultant and Client
respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties
of either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null
and void. In the case of any conflict between the terms of this Agreement for Professional Services and terms of
Schedule 1 or any other attachment hereto, the terms of this Agreement shall govern.
(c) Successors and Assigns. This Agreement shall be binding on the parties hereto and on their
successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to
become due hereunder to Consultant may be assigned by it without the written consent of Client, which consent may
be withheld in Client's sole and absolute discretion. Any assignment or attempted assignment in violation of this
subsection shall be void.
(d) Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by
written amendment signed by an authorized representative of Consultant and by Client in accordance with the
requirements of Section 4(b) of this Agreement or upon authorization of Client's governing board.
(e) Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of
the State of Colorado. Any unresolved dispute arising from or concerning any matter relating to this Agreement,
unless otherwise provided for by this Agreement, shall be decided in a state court of competent jurisdiction located
in Pueblo, Colorado.
(f) Equal Employment Opportunity. In connection with the performance of this Agreement, neither
Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants are
employed, and that employees are treated during employment without regard to their race, color, religion, sex,
national origin, disability or age.
(g) Severability. If any provision of this Agreement, except for Section 2, is determined to be directly
contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such
provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the
parties that Section 2 of this Agreement not be severable, and that if any provision of said section be determined to
be contrary to law or the terms of any federal grant, then as of the time of any such determination this entire
Agreement shall be void and terminated pursuant to the provisions of Section 5, without waiving any claims or
defenses.
(h) Force Majeure. Neither party shall be responsible for delays caused by circumstances beyond its
reasonable control including but not limited to governmental action, statute, ordinance, rule or regulation, strike or
other labor troubles, fires, acts of God, or other incidents outside of either party's control that makes performance or
acceptance impossible or impractical.
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SECTION 12. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING
WORK
(a) At or prior to the time for execution of this Agreement (which may be referred to in this section as
this "Contract "), Consultant (which may be referred to in this section as "Contractor ") shall submit to the Purchasing
Agent of City its certification that it does not knowingly employ or contract with an illegal alien who will perform
work under this Contract and that the Contractor will participate in either the "E -Verify Program" created in Public
Law 208, 104 Congress, as amended and expanded in Public Law 156, 108 Congress, as amended, that is
administered by the United States Department of Homeland Security or the "Department Program" established
pursuant to §8- 17.5- 102(5)(c) C.R.S. that is administered by the Colorado Department of Labor and Employment in
order to confirm the employment eligibility of all employees who are newly hired for employment to perform work
under this Contract.
(b) Contractor shall not:
(I) Knowingly employ or contract with an illegal alien to perform work under this contract;
(II) Enter into a contract with a subconsultant that fails to certify to Contractor that the
subconsultant shall not knowingly employ or contract with an illegal alien to perform work under this
Contract.
(c) The following state - imposed requirements apply to this contract:
(I) The Contractor shall have confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through participation in either the E-
Verify Program or Department Program.
(II) The Contractor is prohibited from using either the E -Verify Program or Department
Program procedures to undertake pre - employment screening of job applicants while this Contract is being
performed.
(III) If the Contractor obtains actual knowledge that a subcontractor or subconsultant
performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor
shall be required to:
A. Notify the subconsultant and the Client's Purchasing Agent within three (3) days
that the Contractor has actual knowledge that the subcontractor /subconsultant is employing or
contracting with an illegal alien; and
B. Terminate the subcontract with the subcontractor /subconsultant if within three
(3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the
subcontractor /subconsultant does not stop employing or contracting with the illegal alien; except
that the Contractor shall not terminate the contract with the subcontractor /subconsultant if, during
such three (3) days, the subcontractor /subconsultant provides information to establish that the
subcontractor /subconsultant has not knowingly employed or contracted with an illegal alien.
(IV) The Contractor is required to comply with any reasonable request by the Colorado
Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the course of an
investigation that CDLE is undertaking pursuant to its authority under §8- 17.5 - 102(5), C.R.S.
(d) Violation of this Section 12 by the Contractor shall constitute a breach of contract and grounds for
termination. In the event of such termination, the Contractor shall be liable for Client's actual and consequential
damages.
(e) As used in this Section 12, the terms "subcontractor" and "subconsultant" shall mean any
subconsultant or subcontractor of Consultant rendering services within the scope of this Agreement.
SECTION 13. Reserved.
CA apprvd form 3/12/10 6
SECTION 14. PERA LIABILITY
Consultant shall reimburse the City for the full amount of any employer contribution required to be paid by
the City of Pueblo to the Public Employees' Retirement Association ( "PERA ") for salary or other compensation
paid to a PERA retiree performing contracted services for the City under this Agreement. The Consultant shall fill
out the questionnaire attached as Exhibit A and submit the completed form to Client as part of the signed
Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first
above written.
CLIENT: CITY OF PUEBLO, A MUNICIPAL
CORPORATION
By I) #.144 1 q 0,_ AA
Pent of the City Council 1INI
ATTEST: ` ' 'r ;: APPROVED AS TO FORM:
.:_,:'
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�-�• K 11�
City Attorney
City Cler
CONSULTANT: BROWN AND CALDWELL, INC.
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By:
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Name: '
Title: , /te,,i/ #1,/' �1 -�. I. N
CA apprvd form 3 /12/10 7
ATTACHMENT B
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24- 51- 1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or
other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association
(PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of
Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other
arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for
services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo:
(a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who
will perform any services for the City of Pueblo? Yes, No (Must sign below whether you answer "yes" or "no ".)
(b) If you answered "yes" to (a) above, please answer the following question: Are you ij anindividual, 2) sole
proprietor or partnership, or 3) a business or company owned or operated by a PERA Retiree or- - an affiliated Yes ,
No
If you answered "yes" please state which of the above listed entities (1, 2, or 3) ; best describes your
business: •
(c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of each
such PERA Retiree.
Name Name
Address Address
Social Security Number Social Security Number
(If more than two, please attach a supplemental list)
If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution
required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to
any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You
further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by
the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo.
Failure to accurately complete, sign and return this document to the City of Pueblo may result
in your being denied the privilege of doing business with the City of Pueblo.
I
Signed 7 , 20 .
Brown and Caldwell / 6 . :),e
Name:Mary J. ear , P.E
Title:Senior Vice President
For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or
cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and
including parents, siblings, half - siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to
and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person or entity with whom
the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree
other than the PERA Retiree's regular salary or compensation.
8
ATTACHMENT B
SCHEDULE 1
SCOPE OF WORK
Brown & Caldwell Scope for:
Project 2 -Low Voltage Switchgear
Replacement (65A &65B)- Design
and Construction Services
Prepared for
City of Pueblo
April 04, 2014
Brown AND Caldwell
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Project v v
Brown and Caldwell (BC) will provide assistance to the City of Pueblo (COP), James R. Diiorio Water
Reclamation Facility in design and construction phase services for the replacement of low voltage
switchgear lineup (65A and 65B) located in the primary clarifier electrical room along with associated
low voltage cables, duct banks, conduits and related appurtenances as defined in Project 2 contained
within the electrical asset study dated June 8, 2012. This project was given a high priority for 2014 as a
part of this study. Additionally, this project includes removing existing secondary switchgear from the
primary clarifier electrical room and specifying temporary generator back up power to maintain electric
service during construction.
Phase 100 - Project Management and Administration
This project will be set up as a separate project number with allowance to include future phases and
track the budget as a whole. The estimate included with this package also includes a small
supplemental services budget to accommodate services that are currently not envisioned but that may
need to be performed when the actual site conditions and /or activities are known.
1.1 Activities
Project Management and Administration includes the following activities:
• Project Management Planning
• Project Meetings and Workshops
• Project Control and Reporting
• Project Closeout
1.2 Project Management Planning
The Project Management Plan will document the key project information required by all project team
members to assist them in executing the project to meet the required objectives: on time, on budget,
with high quality. The key elements of the project plan are described below:
• Scope of Services with work breakdown structure
• A detailed schedule for this project will be developed upon Notice to Proceed. The project cost is
based on a period of performance duration of 12 months.
• Project schedule updates will be provided in monthly progress reports if changes have been made
and agreed upon.
• Project budgets
• Communications Plan
• Risk Management Plan
• QA/QC Plan
• Project documentation plan and file structure
• Change management process
• Health and Safety Plan for field work, if applicable
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1.3 Project Control and Reporting
Monthly invoices will be prepared and submitted to the City of Pueblo in an approved format. Invoices
shall include:
• Total contract amount
• Total charges to date
• Previous billings
• Outstanding balance
• Current amount remaining
• Total amount due
This task also includes periodic project review by BC management to assure the project is meeting
critical success factors, is on schedule, and within budget.
1.4 Project Meetings
BC will meet with the City of Pueblo every month or at important milestones to review project status,
coordinate project activities, obtain direction, and answer specific questions relating to the project.
Conference call updates will be held, as needed, between monthly progress meetings.
1.5 Quality Control and Deliverable Production
This activity includes internal quality control review for all technical memoranda, calculations and
process models.
1.6 Project Close -Out
During project close -out, BC will resolve all final invoices to the City of Pueblo, consolidate and archive all
project files, and meet with the City to review the project performance and achievement of project
objectives.
1.7 Deliverables
The following deliverables will be provided as part of this phase:
• Project Management Plan
• Monthly invoices
• Meeting agendas, presentation materials, and minutes
Phase 200- Project 2: Design Services to Replace
Switchgear Line -up 65A and 65B
Objectives
BC will provide support to the City of Pueblo in developing an electrical and l&C design package to install
new low voltage secondary switchgear (65A and 65B), cable, conduit, raceways and appurtenances. To
date, the City has had good success with existing Metron pre- fabricated electrical switchgear equipment
buildings. BC will evaluate the potential for utilizing this same Metron equipment, including City
preferred Eaton Magnum DS breakers, near the demolished intermediate pump station.
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This project will include plans to terminate new conductors fed from the new secondary switchgear into a
new splice box to be installed in project #1, currently under construction. Removal of the existing
switchgear line up is also a part of this scope of work. The scope of this project also includes integrating
control and monitoring signals with the existing plant SCADA system. Alternatives analysis will be
included to determine the most efficient methods for phasing in the installation and removal of electrical
equipment while maintaining electric service to critical plant equipment.
2.1 Basis of Design Report (BODR)
The Basis of Design Report is a narrative description of what BC will develop to respond to and meet the
City of Pueblo's project requirements and objectives as described above. This report will include any
assumptions made, project requirements and design criteria used. This document will be the basis of
design documentation to provide an improved understanding of the systems, components and
assemblies so as to better perform responsibilities regarding the design and construction of electrical
equipment as outlined in this proposal. BC will provide to the City of Pueblo an electronic copy along with
two hard copies of this deliverable.
2.2 60 Percent Design Phase
The 60 percent design effort will proceed subsequent to submittal of the BODR. Following the 60 percent
design submittal and allowing for sufficient review period (10 working days) by the City, a 60 percent
design review meeting will be held to review and resolve comments. The meeting should include primary
stakeholders including the following: Construction contractor, Pueblo Operations and Maintenance lead,
Pueblo Electrical Lead, BC Project Manager and BC Electrical Lead. This meeting is expected to last
approximately 2 -3 hours. All drawings will be created or modified using AutoCAD format. The key
elements of the 60 percent design phase are described below:
• Project Planning Meeting and Field Verification of Existing Equipment
A project planning meeting/workshop will be held following the BODR submittal and sufficient review
period (10 working days) by the City. The meeting should include primary stakeholders including the
following: Pueblo procurement officer, Construction contractor, Pueblo Operations and Maintenance
lead, Pueblo Electrical Lead, and BC Project Manager and Electrical Lead. The purpose of the
meeting is to review and resolve comments related to the BODR including project requirements,
design criteria, plans and assumptions. This meeting is expected to last approximately 2 -3 hours.
Following the meeting, BC will perform a field investigation to verify proposed plans and existing
equipment data.
• Modify Existing One -Line Diagrams
Modify existing AutoCAD one -line diagrams to show new switchgear equipment and location along
with new power distribution cable types and sizes that may change as a result of new Metron
electrical building location.
• Develop Preliminary Electrical and l&C Plan Drawings
This task includes plan drawings showing general location of existing and proposed locations of
electrical equipment primarily near the Primary Clarifier Electrical Building. The scope of this activity
also includes integrating control and monitoring signals with the existing plant SCADA system.
General routing of underground duct banks and conduits are a part of these plans.
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• Develop Preliminary Grounding Grid Plan Drawing
A grounding grid plan will be developed to primarily to depict how the Metron prefabricated building
will be grounded. Details will include ground rod location, conductor sizes, and general routing.
• Develop Preliminary Electrical Detail Drawings
This task will include mounting details for electrical fixtures and appurtenances as part of the
prefabricated electrical building.
• Develop Preliminary Duct bank, Manhole, and Hand hole Schedules
This task includes creating plans and schedules for duct banks, manholes and handholes for the
underground routing of cables from the secondary of new transformer 65A/65B splice cabinet,
installed during Project 1, to the new Metron prefabricated electrical switchgear building. This task
also includes plans and schedules for duct banks, manholes, and handholes for the underground
routing of 480V cables to feed existing loads fed from the original switchgear located in the Primary
Clarifier electrical building.
• Develop Preliminary Concrete Pad for Pre - fabricated Switchgear Building
• Develop Preliminary Construction Sequence
So as to maintain continuity of service during the switchover from the existing switchgear located in
the Primary Clarifier electric building to the new switchgear located in the new Metron building much
thought should be given to a proper construction sequence. BC will work with Pueblo and the
construction contractor to develop a documented construction sequence to include provisions for a
portable back up generator to supply power to critical facilities during the switchover.
• Develop Preliminary Construction and Procurement Specifications
BC anticipates submitting approximately 12 construction and procurement specifications (BC Format)
for this project.
BC will provide to the City of Pueblo an electronic copy along with two hard copies of this deliverable.
2.3 90 Percent Design Phase
Following resolution and incorporation of comments obtained during the 60 percent review, the 90
percent design effort will commence. The 90 percent design effort should progressively elaborate the
60 percent design effort and when submitted the design should be substantially complete. BC will
provide to the City of Pueblo an electronic copy along with two hard copies of this deliverable.
The following design elements will be progressed from the 60 percent to 90 percent design phase.
• One -Line Diagrams
• Electrical and I &C Plan Drawings
• Grounding Grid Plan Drawing
• Electrical Detail Drawings
• Duct bank, Manhole, and Hand hole Schedules
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• Concrete Pad for Pre - fabricated Electrical Building
• Construction Sequence
• Construction and Procurement Specifications
2.4 Final (100 %) Design Phase
Following comment resolution and revisions to the design documents after the 90 Percent Review, the
100 percent complete design documents will be stamped by a BC Professional Engineer, compiled for
the City's use in advertisement for bidding, and include final plans, drawings and technical
specifications. The final design phase will be complete when the 100 percent complete documents
include final revisions and are ready for bid advertisement. BC will provide to the City of Pueblo an
electronic copy along with two hard copies of this deliverable.
Phase 300 Engineering Services During Construction to
Replace Switchgear 65A and 65B
3.1. Objectives
BC to provide construction phase services for the replacement of low voltage secondary switchgear (65A
and 65B), cable, conduit, raceways and appurtenances. This phase includes activities associated with
terminating new conductors fed from the new secondary switchgear located in proposed prefabricated
switchgear room into a new splice box to be installed in project #1 currently under contract. Removal or
abandonment of the existing switchgear line up located in the Primary Clarifier electrical building is also
part of this scope of work. This phase also includes installing new raceways and conductors from the
new switchgear to 480V loads presently served by the Primary Clarifier electric building.
Alternatives analysis will be included to determine the most efficient methods for phasing in the
installation and removal of electrical equipment while maintaining electric service to critical plant
equipment. BC will work with the City of Pueblo and the construction contractor to develop a
documented construction sequence to include provisions for a portable back up generator to supply
power to critical facilities during the switchover.
3.2 Activities
Upon authorization from the City, Brown and Caldwell will perform the following engineering services
during construction in conjunction with the Project 2 construction project:
3.21 Submittals
• Review and comment on (1) low voltage Switchgear submittal.
• Review and comment on (1) Metron pre- fabricated electrical building submittal.
• Review and comment on (1) reinforced concrete pad for Metron Building submittal.
• Review and comment on (1) temporary back up generator submittal.
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• Review and comment on (1) Metron O &M manual submittal.
• Review and comment on (1) duct bank submittal
• Review and comment on (1) manhole /handhole submittal.
• Review and comment on (1) conduit submittal.
• Review and comment on (1) cable and wire submittal.
3.22 Shop Drawings
Review shop drawings submitted by the Contractor to assess the conformance of equipment
proposed by the Contractor with the design intent of the contract documents and indicate to
the Contractor the acceptability of such equipment. BC anticipates reviewing shop drawings
for each submittal listed above under section 3.21. BC assumes no more than (2) reviews
per shop drawing submittal.
3.23 Arc Flash Analysis
BC will complete an Arc Flash Analysis for switchgear and breakers installed within the new
pre- fabricated electrical building. The analysis will be performed using the latest software
version of SKM. Proper Arc Flash labels will be supplied as part of this activity.
3.24 Requests for Information (RFI)
Respond to up to nine Requests for Information (RFIs) submitted by the construction
contractor to help clarify the intent of the contract documents.
3.25 Change Orders
Provide assistance, where applicable, on reviewing up to three proposed change orders.
Assistance can be in the form of collaboration, coordination and minor design alterations,
Assist with determination of conformance with the original design intent and cost
effectiveness.
3.26 On -Site Services
On -site services during construction phase will include attendance at the pre- construction
meeting, attendance at one construction progress meeting per month, and construction
observation performed in conjunction with the progress meetings. It is assumed that a total
of no more than six trips to the site will be required.
3.27 Drawings of Record
Upon completion of construction, Brown and Caldwell will prepare record drawings, to reflect
changes made during construction as recorded by the construction contractor. These
drawings will be marked as "Record Drawings" and two "hard copy" sets and one electronic
set on a CD and in a format acceptable to the District's current AutoCad system will be
submitted to the City.
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ATTACHMENT B
SCHEDULE 2
FEE AND RATES
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Notes: Standard Billing Rates will be revised annually on a calendar -year basis.
Rates proposed on the following table are for services exclusive of expert testimony. Expert
testimony, including preparation work with and for counsel, depositions and other filing, as well as
participation in court or arbitration proceedings shall be billed at twice the scheduled rate.
Other direct costs shall be billed at actual cost plus 10 %.
Direct costs are all charges other than time related charges, incurred directly for the project.
Subconsultant costs shall be billed at actual cost plus 10 %.
Mileage reimbursement rate is equal to the IRS Standard Mileage Rate ($0.565 /mile as of July 2013).
All clerical and accounting time will be charged at $83 per hour.
11/25/2013
ATTACHMENT B
SCHEDULE 3
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