HomeMy WebLinkAbout05.F- Public Works 5.F
RESOLUTION (ID#2715) DOC ID: 2715 C
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Tony Frossard M/CC Meeting Date: 11/04/2013
Prepared by: Leon E. Schrader, (909) 384-
5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an
Increase to Purchase Order 2014-130 for an Amount Not to Exceed $45,000 with Two (2) One-
Year Extensions at the City's Option to Colton Truck Supply of San Bernardino for Heavy Duty
Truck Parts and Supplies. (#2715)
Current Business Registration Certificate: Yes
Financial Impact:
Budgeted amount for FY 13/14: $1,182,300
Account No. 635-400-0100-5111
Account Description: Materials and Supplies
Balance as of 10/24/2013: $76,453.17
Balance after approval of this item: $56,353.17
Please note this balance does not indicate available funding. It does not include non-encumbered
reccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
No Previous actions for this vender.
Background:
Notices inviting bids for the FY 2013/2014 annual purchase order for the heavy duty truck parts
and supplies was responded to by four vendors: Colton Truck Supply, Fleet Pride, Franklin
Truck Parts, and O'Reilly Auto Parts. RFQ F-14-10 was advertised with the San Bernardino
Area Chamber of Commerce, in The Sun newspaper and on the City of San Bernardino Web site.
Two of the vendors, O'Reilly Auto Parts and Franklin Truck parts responded "no bid" on 16 and
eight items, respectively, thus deeming their bids non-responsive. The remaining two venders
bid on all 32 items. Colton Truck Supply was the lowest responsive bidder on 11 items and Fleet
Pride was the lowest responsive bidder on 21 items. It is the recommendation of the Fleet
Management Division to split the purchase order between Fleet Pride and Colton Truck Supply,
Inc in accordance with their bids.
• Fleet Pride of Ontario, CA was the lowest and most responsive bidder on items: 4-10, 12,
15, 19, 21-29, and 31-32.
• Colton Truck Supply of San Bernardino was the lowest and most responsive on items: 1-
Updated: 10/30/2013 by Georgeann"Gigi"Hanna C
2715
3, 11, 13-14, 16-18, 20, and 31.
The vendors, business locations, and total prices are listed below:
Vendor Location Total Price
Fleet Pride Ontario, CA $3298.33
Colton Truck Supply San Bernardino, CA $3624.17
O'Reilly Auto Parts Springfield, MO. $882.60 (non-responsive bid)
Franklin Truck Parts Fontana, CA. $1461.82 (non-responsive bid)
City Attorney Review:
Supporting Documents:
reso 2715 (PDF)
agrmt 2715 (PDF)
BID RFQ F-14-10 Colton Truck Supply (PDF)
Bid Summary Sheet RFQ F-14-10 HD Truck Parts (PDF)
Updated: 10/30/2013 by Georgeann"Gigi"Hanna C Packet Pg,- ,
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AN INCREASE TO PURCHASE ORDER
3 2014-130 FOR AN AMOUNT NOT TO EXCEED $45,000 WITH TWO (2) ONE-YEAR
4 EXTENSIONS AT THE CITY'S OPTION TO COLTON TRUCK SUPPLY OF SAN
BERNARDINO FOR HEAVY DUTY TRUCK PARTS AND SUPPLIES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS: a
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7 WHEREAS, the Fleet Management Division is requesting an increase to Purchase
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Order 2014-130 for an amount not to exceed $45,000 to purchase heavy duty truck parts and =
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10 supplies; c
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11 SECTION 1. The City Manager is hereby authorized to execute the Vendor Service
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12 Agreement with Colton Truck Supply, a copy of which is attached hereto, marked Exhibit
13 "A"and incorporated herein.
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SECTION 2. The Mayor and Common Council hereby authorize the Director of W
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Administrative Services or his designee to increase Purchase Order 2014-130 by$20,100 for a N
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total not to exceed$45,000 for the purchase of heavy duty truck parts and supplies. c
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18 SECTION 3. The Contract Purchase Order shall reference this Resolution and shall >
19 read, "Colton Truck Supply for the purchase of heavy duty truck parts and supplies"and shall
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20 incorporate the terms and conditions of the Agreement. U)
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SECTION 4. The authorization to execute the above referenced Contract Purchase d
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23 Order and agreement is rescinded if not issued and signed within sixty (60) days of the w
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24 passage of this resolution,
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AN INCREASE TO PURCHASE ORDER
2 2014-130 FOR AN AMOUNT NOT TO EXCEED $45,000 WITH TWO (2) ONE-YEAR
EXTENSIONS AT THE CITY'S OPTION TO COLTON TRUCK SUPPLY OF SAN
3 BERNARDINO FOR HEAVY DUTY TRUCK PARTS AND SUPPLIES.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof,held
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on the day of , 2013,by the following vote,to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ U c
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11 JENKINS
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12 VALDIVIA
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SHORETT
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Georgeann Hanna, City Clerk N
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The foregoing resolution is hereby approved this day of
21 , 2013.
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23 Patrick J. Morris, Mayor a
City of San Bernardino
24 Approved as to form:
25 James F. Penman,
City A rney
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By: - Lr.�•-.
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PURCHASE AGREEMENT
This Vendor Service Agreement is entered into this 5th day of November 2013, by
and between Colton Truck Supply ("Vendor") and the City of San Bernardino ("City" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
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and in the best interest of the City to contract for the purchase of speck parts and supplies and
related repair services for City vehicles and equipment as needed; and L
WHEREAS, Vendor Colton Truck Supply of San Bernardino, CA was the lowest .°
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bidder in RFQ F-14-10 on 11 of the 32 specified items requested in the Bid Document;
NOW,THEREFORE,the parties hereto agree as follows: E
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_ 1. SCOPE OF SERVICES. a
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For the remuneration stipulated, San Bernardino hereby engages the services of Vendor
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to provide specific parts and supplies as needed to be utilized by the Public Works Department
Fleet Management Division for City vehicles and equipment. FN_
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2. COMPENSATION AND EXPENSES. w
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a. For the products and/or services delineated above, the City, upon presentation of an 0 a�
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invoice, shall pay the Vendor up to the amount not to exceed $45,000 for the parts E
and supplies as needed, in accordance with the Price List in Vendor's Bid submitted a
to RFP F-14-10, attached and incorporated herein.
b. No other expenditures made b Vendo r
shall be reimbursed by City,
3. TERM; TERMINATION.
The term of this agreement shall be from November 5, 2013 through June 30, 2014,
with two (2) one-year extensions at the City's option. Option year one, if exercised, shall be
Exhibit"A"
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effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective
July 1,2015 through June 30,2016.
This Agreement may be terminated at any time with thirty (30) days' prior written
notice by either party. The terms of this Agreement shall remain in force unless amended by
written agreement of the parties executed on or before the date of expiration of the current term
of the Agreement.
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4. WARRANTY. M
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Vendor expressly warrants that all products and services supplied to City by Vendor L
under this agreement shall conform to the specifications, drawings or other description upon .°
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which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, 21
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of good material and workmanship, free from defects and free and clear of all liens or d
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encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect a
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Vendor's obligations under this warranty, and such warranty shall survive inspections, testing, a
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acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
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services not conforming to the foregoing warranty without expense to the City, when notified LO
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of such non-conformity by City. If Vendor fails to correct the defects or replace non-
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conforming goods or services promptly, City may, after reasonable notice to Vendor, make
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such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for =
purposes of this section shall not be deemed to require more than 60 calendars days notice a
before commencement of efforts by the City to effect cover or a cure except upon written
agreement of the Parties.
5. INDEMNITY.
Vendor shall indemnify and hold the City, its elected officials, employees, agents or
representatives, free and harmless from all claims, actions, damages and liabilities of any kind
Exhibit"A"
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and nature arising from bodily injury, including death, or property damage, based or asserted
upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors,
relating to or in any way connected with the accomplishment of the work or performance of
service under this Agreement, unless the bodily injury or property damage was actually caused
by the sole negligence of the City, its elected officials, employees, agents or representatives.
As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense,
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including attorney's fees the City, its elected officials, employees, agents or representatives N
from any and all legal actions based upon such actual or alleged acts or omissions. Vendor
hereby waives any and all rights to any types of express or implied indemnity against the City,
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its elected officials, employees, agents or representatives, with respect to third party claims r
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against the Vendor relating to or in any way connected with the accomplishment of the work or d
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performance of services under this Agreement. a
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6. INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement,
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Vendor shall maintain in effect policies of comprehensive public, general and automobile
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liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 4
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worker's compensation coverage, and shall file copies of said policies with the City's Risk
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Manager prior to undertaking any work under this Agreement. City shall be set forth as an E
additional named insured in each policy of insurance provided hereunder. The Certificate of a
Insurance furnished to the City shall require the insurer to notify City 30 (thirty) days prior to
any change or termination in the policy.
7. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
Vendor shall not engage in, nor permit its officers, employees or agents to engage in,
Exhibit"A"
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discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted to Section 12940 of
the California Government Code.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Vendor warrants that it shall comply with any and all business registration requirements
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of the City's Municipal Code, and any other license, permit, qualification, insurance and
approval of whatever nature that are legally required of Vendor to practice its business or L
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profession. B
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9. NOTICES. c
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Any notices to be given pursuant to this Agreement shall be deposited with the United E
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States Postal Service, postage prepaid and addressed as follows: Q
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TO THE CITY: Public Works Director w
300 North"D" Street LO
San Bernardino, CA 92418 N
Telephone: (909) 384-5140
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TO THE VENDOR: Colton Truck Supply w
687 S. "11" Street E
San Bernardino, CA 92410
Telephone: (909) 888-8300
Attn: Account Manager E
10. ATTORNEYS' FEES. Q
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
Exhibit"A"
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office in enforcing this Agreement on behalf of the City shall be considered as"attorneys' fees"
for the purposes of this paragraph.
11. ASSIGNMENT.
Vendor shall not voluntarily nor by operation of law assign, transfer, sublet or
encumber all or any part of the Vendor's interest in this Agreement without City's prior written
consent. Any attempted assignment, transfer, subletting or encumbrance without City's prior
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written consent shall be void and shall constitute a breach of this Agreement and cause for the
termination of this Agreement. Regardless of City's consent, no subletting or assignment shall L
release Vendor of Vendor's obligation to perform all other obligations to be performed by
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Vendor hereunder for the term of this Agreement. 0
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12. VENUE. E
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The parties hereto agree that all actions or proceedings arising in connection with this Q
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Agreement shall be tried and litigated either in the State courts located in the County of San x
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Bernardino, State of California or the U.S. District Court for the Central District of California, LO
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Riverside Division. The aforementioned choice of venue is intended by the parties to be to
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mandatory and not permissive in nature.
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13. GOVERNING LAW.
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This Agreement shall be governed by the laws of the State of California. E
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14. SUCCESSORS AND ASSIGNS. a
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
and their respective heirs, representatives, successors, and assigns.
Exhibit"A"
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15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
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be invalid or unenforceable for any reason, such determination shall not affect the validity or N
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enforceability of the remaining terms and provisions hereof or of the offending provision in any L
other circumstance, and the remaining provisions of this Agreement shall remain in full force °
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and effect. °
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17. ENTIRE AGREEMENT; MODIFICATION. E
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This Agreement constitutes the entire agreement and the understanding between the a
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parties, and supersedes any prior agreements and understandings relating to the subject manner x
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of this Agreement, This Agreement may be modified or amended only by a written instrument LO
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executed by all parties to this Agreement. Ln
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Exhibit"A"
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PURCHASE AGREEMENT
COLTON TRUCK SUPPLY
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: , 2013 COLTON TRUCK SUPPLY
By:
Name/Title:
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Dated 52013 CITY OF SAN BERNARDINO
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By: 0
Allen Parker, City Manager
Approved as to form: E
James F. Penman,
City Attorney a
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Exhibit"A"
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City of San Bernardino
TECHNICAL SPECIFICATIONS
RFP F-14-10
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HEAVY DUTY TRUCK PARTS
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NOTICE ; "SPECIAL INSTRUCTIONS TO THE BIDDER"
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Bidder shall complete right-hand column indicating brief reasoning for exceptions $
to requirements when not acceptable. State "Acceptable" if requirements are
agreeable as set forth in left-hand column. E
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Equipment: Q
Bidder shall complete right-hand column indicating specific size and or make and
model of all components when not exactly as specified. State "As Specified" if
item is exactly as set forth in the left-hand column. x
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FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
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REQUIREMENTS ACCEPTABLE!AS SPECIFIED >+
The contractor shall provide heavy duty trick parts and a
supplies for various types of heavy duty trucks. accco , cn
The contractor shall maintain sufficient stock on hand to
meet Fleet demand. QCCe �, L
The contractor shall provide pickup and delivery at no cost =
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to the City. !(c_c e
The contractor shall provide same day delivery service. Ccc v
The contractor shall provide pricing for all mandatory bid
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items on the attached parts list. Bids containing
incomplete mandatory bid item pricing may be considered //// d _
non-responsive. acce �r�+
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PRICE FORM
Please provide detailed information in the space provided below. Pricing should include
billing for services and any other incidental or additional costs required to complete the
Technical Specification requirements. Attach additional pages if necessary.
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REQUEST FOR QUOTES: RFQ F-14-10
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DESCRIPTION OF RFQ: HEAVY DUTY TRUCK PARTS o
COMPANY NAME: 5t,, 1 U
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ADDRESS: bD 1 1, S-��1.1-A _
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NAME OF AUTHORIZED a
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PRINT NAME �fGn ,,� x
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TELEPHONE NUMBER "1-.)9- Fs"'F -'g3zz�
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FAX NUMBER 9D 9,- ZT
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E-MAIL ADDRESS �J�e �r'e r��✓ 141-e-e-4Ser1(ccs�,ic c� in
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FIRM FIXED PRICE LIST
Truck Parts Listing
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STK# P/N Description Usage Price for each L)
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per year
24-004 TSE 1103007 Dust Plug 24 (, 9 LL
24-020 Euclid 2467 Washer 36 d ,:;.
24-022 Euclid 5482 Washer 24
24-026 OTR3030SB Chamber 16 �119.S! m
24-028 SC2400 Chamber 2 32. 62
24-077 Bendix 234100 Diaphragm 6 9,2-S E
24-078 Bendix BD-30 Diaphragm 18 Y
Center Fuse -7 9Z a
24-088 89996B Drum 100 E3 .. 6
24-124 Midland 18530 Air 40
Governor .
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24-157 Meritor R950048 Dryer 80 119.10
24-158 Bendix 107794X Cartridge 18 D ,75-
24-159 Bendix 5005037 Kit 18 2-9�g�
24-317 Midland 28030 Valve 6 0-7.0 �
24-318 Bendix 800372 Valve 15 �g. ss° Q
24-321 Midland 28510 Valve 2
24-322 Bendix 286171 Valve 6
24-332 Bendix 284142 Valve 80
05-060 330-3107 Stemco Gasket 300 1-Y7 C
06-153 Horton 995588 Fan Clutch 4 ?2V.31 o
08-698 13241 Midland Switch - Air 12 19- s r
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03-096 CR47697 Seal 100 ?5/ 39
06-151 Horton 995575 Fan Clutch 8 6SS 2s" E
08-414 Ecco 6770A Strobe 10 //6 P
08-415 Ecco 6750A Strobe 10 16. 66 a
16-017A Air Source 54028 A/C 15 ?0(.. 7S_
24-086 65162B Web Compressor 40 V 2.61 x
24-090 668546 Web Drum 40 Zr7. 9Z w
24-089 66826B Web Drum 15 Z,27. ti
24-086A EX4715Q Kit Brake Shoe 40 FIL
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Kit
04-087 OTR 4707Q Red Brake Shoe 100
Kit Kit
24-089A KSR 3014707 Brake Shoe 20
QPR Kit iy ��; o
24-090A EX4711 Q Kit Brake Shoe 40 0
Kit
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ANNUAL PURCHASE ORDER Q�
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Effective on or about July 1, 2013 through June 30, 2014 plus three (3) single year options, for
City's partial requirements, on an as-needed basis, with no guaranteed usage. 0)
Option year one, if exercised, shall be effective July 1, 2014 through June 30, 2015.
Option year two, if exercised, shall be effective July 1, 2015 through June 30, 2016. Q
Option year three, if exercised, shall be effective July 1, 2016 through June 30, 2017.
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Prices may adjusted annual)
y be adj� y (on the day the contract was signed by the City of San
Bernardino and the vendor). Under no circumstances will adjustments in the fees exceed five
(5) percent per additional period. Vendor must provide the City 60 (sixty) day written
notification of any proposed price increase. Price increases shall become effective 30 (thirty)
days after the City receives written notification of such increases. Vendor must also pass on
any decreases in the same way. a
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Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising cn
of any given option year. Option years shall become effective only upon issuance by the City
of a duly authorized Purchase Order.
Are there any other additional or incidental costs, which will be required by`y ur m in
order to meet the requirements of the Technical Specifications? _Yes No v
(circle one). If you answered "Yes", please provide detail of said additional sts:
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Please indicate any elements of the Technical Specifications that cannot be met by your w
firm.
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QYes Hav you included in your bid all informational items and forms as requested?/ No (circle one). If you answered "No", please explain: 0
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This offer shall remain firm for 120 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid. E
Cash discount allowable o
days; unless otherwise stated, payment terms a
are: Net thirty (30) days.
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly completed and signed.
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From time to time, the City may issue one or more addenda to this RFQ. Below,
please indicate all Addenda to this RFQ received by your firm, and the date said
Addenda was/were received.
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Verification of Addenda Received U)
Addenda No: JLEA ► - ° Received on: g 2.9
Addenda No: Received on: _
Addenda No: Received on: °
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AUTHORIZED SIGNATURE: o
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PRINT SIGNER'S NAME AND TITLE:
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DATE SIGNED:
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COMPANY NAME & ADDRESS:
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PHONE: FAX: "Q-1-12- YSS-//Z'S EMAIL:
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IF SUBMITTING A"NO BID", PLEASE STATE REASON(S) BELOW: U
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NON - COLLUSION AFFIDAVIT co
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TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO =
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In accordance with Title 23, United States Code, Section 112, the undersigned 0
hereby states, under penalty of perjury:
That he/she has not, either directly or indirectly, entered into any agreement, E
participated in any collusion, or otherwise taken action in restraint of free
competitive bidding in connection with RFQ F-14-10. a
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Business Name _ ry rc&s T�c , J1 l C11 C4T�� f,0 i
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Business Address s �J 't 7 �*rf Same �� �r�►o� �,��(�Y/�
Signature of bidder X
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Place of Residence
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Subscribed and sworn before me this day of , 20 0
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Notary Public in and for the County of , State of cY
California.
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My commission expires , 20
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MY Comm Expires Oct.24,2014
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