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Res 02-08r~ / \ RESOLUTION NO. 02-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCALLY FUNDED AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF DRAINAGE, SIGNALIZATION, LIGHTING AND LANDSCAPE ENHANCEMENTS ALONG ATLANTIC AVENUE BETWEEN NW 12 AVENUE AND A1A AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Dekay Beach, Florida desires to approve the Locally Funded Agreement fox the construction and funding of drainage, signalization, lighting and landscape enhancements along Atlantic Avenue between NW 12`h Avenue and AlA; and WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Dekay Beach authorizes the entry into the Locally Funded Agreement between the City and the Florida Department of Transportation and authorizes the execution thereof. PASSED AND ADOPTED in regular session on this 15"' day of January, 2008. `~Q. ~ ' MAYOR ATTEST: e . ~ 7~~1 City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcazek, PE, LEED AP Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 27, 2007 SUBJECT: AGENDA ITEM 8 H -REGULAR COMMISSION MEETING OF JANUARY 15.2008 RESOLUTION NO 02 08/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOTI ITEM BEFORE COMMISSION The attached agenda item is a request for Commission approvallauthorization for the Mayor to execute a Locally Funded Agreement (LFA) with Florida Department of Transportation (FDOT) and a Memorandum of Agreement (MOA) with FDOT and the State Department of Financial Services, Division of Treasury for the City requested improvements along Atlantic Avenue between SW-NW 12th Avenue and SR AlA. The cost to the City will be $1,596,848.26. Of this cost, $1,500,000 will be paid by the CRA. BACKGROUND The Florida Department of Transportation (FDOT) is planning to embark on a resurface, restore and rehabilitate (RRR) project on Atlantic Avenue between SW/NW 12th Ave to SR AlA, excluding the section between Swinton Avenue and SE/NE 5th Avenue which is under City control. The City has received two TEA-21 Enhancement grants to fund part of the beautification of West Atlantic Avenue between SW-NW 12th Avenue and SW-NW 6th Avenue. The beautification will include decorative roadway lighting, trombone mast arms signalization, drainage improvements and landscaping. The grants received by the City will be applied to the RRR project and FDOT has agreed to complete the beautification as part of their RRR project. The grants do not cover the entire cost of the beautification component and the balance of the beautification funding will be the responsibility of the City. The attached agreement is for the City's share of the requested beautification. The City and CRA have entered into an agreement and the funding that FDOT is requesting from the City will be paid by the CRA. Construction is currently scheduled to begin in January 2009. FUNDING SOURCE $1,500,000.00 from 334-3162-541-68.01 (after transfer from CRA) $97,000.00 from 448-5461-538-69.01 (after transfer) RECOMMENDATION Staff recommends approval. RESOLUTION NO. 02-OS A RESOLUTION OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCALLY FUNDED AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF DRAINAGE, SIGNALIZATION, LIGHTING AND LANDSCAPE ENHANCEMENTS ALONG ATLANTIC AVENUE BETWEEN NW 12 AVENUE AND AlA AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the Locally Funded Agreen~lt for the construction and funding of drainage, signalization, lighting and landscape enhancements along Atlantic Avenue beteneexi NW 12"` Avenue and AlA; and WHEREAS, the City Commission authorizes the execution of the Agreernent. NOW, THEREFORE, BE IT RESOLVED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: lion 1. That the recitals set forth above are incorporated as if fully set forth herein Section 2. The City Coirunission of the City of Delray Beach authorizes the entry into the Locally Funded Agceen~lt bet~1 the City and the Florida Department of Transportation and authorizes the execution thereof. PASSED AND ADOPTED in regular session on this the _ dayof , 2008. ATTEST: MAYOR City Clerk FM No: 413840-1-52.01, 411890.1-52.01, 4056742-52-01, 414162-1-52.01 FEID No: VF-596A00.308 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement (Agreement), entered into this day of 200_, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and the CITY OF DELRAY BEACH, located at 100 N.W.1sT AVENUE, DELRAY BEACH, FL 33444 hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make certain improvements in connection with Financial Management (FM) Number413840-1-52-01, 411890- 1-52-01, 405674-2-52-01, 8~ 414162-1-52-01 (Funded in Fiscal Year 2007/2008) for Decorative Roadway Lighting, Mast Arm Signalization, Signalization Interconnect, Drainage Improvements, Decorative Pedestrian Lighting, and Landscaping Enhancements during the Resurfacing of SR808/Atlantic Avenue from N.W. 12`" Avenue to SR-A1A in Palm Beach County, Florida. Refer to Exhibit "A" of this Agreement fora detailed Scope of Services annexed hereto and made a part hereof; and, WHEREAS, for purposes of this Agreement, improvements to be made as stated above are hereinafter referred to as the PROJECT; and, WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENTand ii would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and, WHEREAS,. the PARTICIPANT by Resolution No. adopted ,200_, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: The recitals set forth above are true and correct and are deemed incorporated herein. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no extra cost. 1 of8 4. The DEPARTMENT shall have the sole responsibiliryforresolving ciaimsand requests for additional work for the Project. The DEPARTMENT will make reasonable efforts to obtain the PARTICIPANT input in its decisions. 5. The estimated cost of the Resurfacing Project of SR-806 is FOUR MILLION ONE HUNDRED TWENTY SEVEN THOUSAND THREE HUNDRED SIXTY SEVEN DOLLARS AND FORTY NINE CENTS. ($4,127,367.49). The PARTICIPANT'S share is estimated to be a payment of ONE MILLION FIVE HUNDRED NINETY SIX THOUSAND EIGHT HUNDRED FORTY EIGHT DOLLARS AND TWENTY SIX CENTS ($1,596,848.26) to the DEPARTMENT, for the PROJECT. In the event the actual cost of the PROJECT is less than the PARTICIPANT'S share of ONE MILLION FIVE HUNDRED NINETY SIX THOUSAND EIGHT HUNDRED FORTY EIGHT DOLLARS AND TWENTY SIX CENTS ($1,596,848.26) the difference shall be refunded to the PARTICIPANT. In the event the actual cost of the PROJECT is more than the PARTICIPANT'S share, any cost overruns or cost increases shall be the sole responsibility of the PARTICIPANT. The funding breakdown is as follows: FUNDING ALLOTMENT 1NYnanciat Mgmt. No. (FM#) Amount (Participant's Share) Amount (Department's Share) 41 3 840-1-52-01 $1,267,156.65 $1,541,115.23 411890.1-52-01 $0.00 $498,903.00 405674-2-52-01 $55,001.50 $55,000.00 414162-1-52-01 $274,690.11 $435,501.00 TOTAL $1,596,848.26 $2,530,519.23 TOTAL AMOUNT OF PROJECT = $4,127,367.49 The PARTICIPANT agrees that it will, within thirty (30) days of execution of this Agreement, furnish the DEPARTMENT with a check in the amount of ONE MILLION FIVE HUNDRED NINETY SIX THOUSAND EIGHT HUNDRED FORTY EIGHT DOLLARS AND TWENTY SIX CENTS ($1,596,848.26) towards the Project Costs. Remittance shall be made payable to the Department of Financial Services, Revenue Processing. Payment shall be clearly marked to indicate that it is to be applied to FM Project No.: 413840-1-52-01, 411890-1-52-01, 405674-2-52-01, & 414162-1-52-01. The DEPARTMENT shall utilize this amount towards costs of project 413840-1-52-01, 411890- 1-52-01, 405674-2-52-01, & 414162-1-52-01. Payment shall be mailed to:. Florida Department of Transportation Professional Services Unit Attention: Leos A. Kennedy, Jr. 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 2 of 8 A. If the accepted bid amount plus allowances is in excess of the advance deposit amount, the PARTICIPANT will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notify the PARTICIPANT as soon as it becomes apparent the accepted bid amount plus allowances are in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation. If the PARTICIPANT cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to and approved by the DEPARTMENT'S project manager indicating when the deposit will be made. The PARTICIPANT understands the request and approval of the additional time could delay the project, and additional costs may be incurred due to delay of the project. B. If the accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested by the PARTICIPANT in writing. C. Should project modifications occur that increase the PARTICIPANT'S share of total project costs, the PARTICIPANT will be notified by the DEPARTMENT. The PARTICIPANT agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the Department is sufficient to fully fund its share of the project. The DEPARTMENT shall notify the PARTICIPANT as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation. Funds due from the PARTICIPANT during the Project not paid within forty (40) days calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, F.S. D. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunderwithin three hundred and sixty days (360) of final payment to the Contractor. The DEPARTMENT considers the project complete when the final payment has been made to the Contractor; not when the construction work is complete. All project cost records and accounts shall be subject to audit by a representative of the PARTICIPANT for a period of three (3) years after final close out of the project. The PARTICIPANT will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made bythe DEPARTMENT to the PARTICIPANT. If the final accounting is not performed within three hundred and sixty (360) days, the PARTICIPANT is not relieved from its obligation to pay. 3of8 E. In the event the final accounting of total project costs is greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The PARTICIPANT agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on any invoice not paid within forty (40) calendar days until the invoice is paid. F. The payment of funds under this Locally Funded Agreement will be made: Directly to the Department of Financial Services, Division of Treasury for deposit and as provide in the attached Memorandum of Agreement (MOA) between the PARTICIPANT, the DEPARTMENT and the State of Florida, Department of Financial Services, Division of Treasury- a copy of which is attached hereto as Exhibit "B". 6. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with,respect to any such litigation shall be in Broward County. 7. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 8. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT, or December 31, 2010 whichever occurs first. 9. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 10. With respect to any of the PARTICIPANT'S agents, consultants, subconsultants, contractors, and/orsub-contractors, such party in any contract forthis Project shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, subconsultants, contractors and/or subcontractors. The PARTICIPANT shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 4of8 11. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Flodda Department of Transportation -District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: John Thompson A second copy to: District General Counsel If to the PARTICIPANT: City of Delray Beach Dept. of Public Works/Utilities & Engineering 100 N.W. 1~` Avenue Delray Beach, FL 33444 Attn: Gordon J. Dobbins With a copy to: City Attorney *** Sof8 IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. (Authorization has been given to enter into and execute this Agreement by Resolution No. _ hereto attached.] CITY OF DELRAY BEACH BY: TITLE: ATTEST: CITY CLERK APPROVED: BY: CITY ATTORNEY (SEAL) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY; ROSIELYN QUIROZ DIRECTOR OF TRANSPORTATION SUPPORT APPROVED: (AS TO FORM) BY: DISTRICT GENERAL COUNSEL APPROVED: BY: PROFESSIONAL SERVICES ADMINISTRATOR 6of8 Exhibit "A" SCOPE OF SERVICES The City of Delray Beach desires to add additional amenities to the RRR Project FM# 413840-1-52-01; SR- 806 /Atlantic Avenue. from NW/SW 12`" Ave to SR-A1A /Ocean Avenue. The entire project is within the limits of the City of Delray Beach. The following specifications are for the decorative features as follows: • Roadway Drainage Features INLETS, CURB, TYPE 9, <10' INLETS, CURB, TYPE P-5, <10' MANHOLES, P-7, PARTIAL MANHOLES, P-8, <10' MANHOLE, ADJUST PIPE CULVERT OPTIONAL MATERIAL, ROUND -SHAPE, 0-24", STORM SEWER CONCRETE CURB & GUTTER, TYPE F • Decorative Lighting 8~ Outlets DIRECTIONAL BORE, LESS THAN 6" LIGHTING CONDUCTORS, F&I, INSULATED, N0.8 -6 LIGHTING -CONDUIT, F&I, UNDERGROUND LOAD CENTER, F&I, SECONDARY VOLTAGE LIGHTING -PULL BOX, F&I, SIDEWALK LIGHT POLE CABLE DISTRIBUTION SYSTEM LIGHT POLE COMPLETE, SPECIAL DESIGN (F&I) (Double Arm Shoulder Mount} (Concrete) (20 ft.) LIGHT POLE COMPLETE, SPECIAL DESIGN (F&I) (Pole Top Mount) (Concrete) (20 ft.) • Decorative Mast Arm Signals & Interconnect CLASS I CONCRETE (Miscellaneous) DIRECTIONAL BORE, LESS THAN 6" CONDUIT -SIGNALS, FURNISH & INSTALL, UNDERGROUND CABLE, SIGNAL, FURNISH & INSTALL CABLE -FIBER OPTIC, F&I, UNDERGROUND, SGL MODE, 1-25PR CABLE -FIBER OPTIC, F&I, UNDERGROUND, SGL MODE, 26 - 50PR PULL & JUNCTION BOXES, F&I, PULL BOX PULL & JUNCTION BOXES, F&I, FIBER OPTICS SIGNALS, ELECTRICAL POWER SERVICE, UNDERGROUND SIGNALS, ELECTRICAL SERVICE WIRE SIGNALS, ELECTRICAL SERVICE DISCONNECT, F&I, CABINET SIGNAL POLE, CUSTOM TRAFFIC SIGNAL, F&I, 3 SECTIONS, 1 WAY, LIGHT WEIGHT TRAFFIC SIGNAL, F&I, 5 SECTIONS, 1 WAY, LIGHTWEIGHT PEDESTRIAN SIGNAL, F&I, LED -COUNT DOWN, 1 DIRECTION SIGNAL HEAD AUXILIARIES, F&I, BACK PLATES 3 SECT SIGNAL HEAD AUXILIARIES, F&I, TUNNEL VISOR SIGNAL HEAD AUXILIARIES, F&I, ALUMINUM PEDESTAL SIGNAL HEAD AUXILIARIES, F&I, BACK PLATES 5 SECT PEDESTRIAN DETECTOR, F&I, DETECTOR STATION, POLE OR CONTROLLER CABINET MOUNTED PEDESTRIAN DETECTOR, RELOCATE 7of8 TRAFFIC CONTROLLER ASSEMBLY, F&I, SPECIAL SYSTEM AUXILIARIES, F&I, UNINTERRUPTIBLE POWER SOURCE SYSTEM AUXILIARIES, F&1, TELEMETRY TRANSCEIVER SYSTEM AUXILIARIES, FURNISH & INSTALL, INTERFACE PANEL SIGNAL HEAD TRAFFIC ASSEMBLY REMOVAL SIGNAL PEDESTRIAN ASSEMBLY REMOVAL POLE REMOVAL, DEEP DIRECT BURIAL CONTROLLER ASSEMBLY, REMOVE, COMPLETE ASSEMBLY DETECTOR VEHICLE ASSEMBLY REMOVE DETECTOR PEDESTRIAN ASSEMBLY REMOVE SPAN WIRE ASSEMBLY, REMOVE CONDUIT & CABLING REMOVE SIGNAL INTERCONNECT CABLE REMOVE INTERNAL ILLUM SIGN, ST NAME Landscaping PATTERNED /TEXTURED PAVEMENT, ASPHALT PAVERS, ARCHITECTURAL, SIDEWALK PERFORMANCE TURF LANDSCAPE COMPLETE-SMALL PLANTS DWARF CROWN OF THORNS (EUPHORBIA MILLI 'ROSY') WAX JASMINE (JASMINUM VOLUBILE) JASMINE MINIMA (TRACHELOSPERMUM ASIATICUM'MINIMA') LANDSCAPE COMPLETE- LARGE PLANTS LIVE OAK (QUERCUS VIRGINIANA'HIGHRISE') ROYAL PALM (ROYSTONEA ELATA) MONTGOMERY PALM (VEITCHIA MONTGOMERYANA) IRRIGATION SYSTEM 8 of 8 Exhibit "B" MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this ,day of 200_, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury and CITY OF DELRAY BEACH hereinafter referred to as the "PARTICIPANT". WITNESSETH WHEREAS, "FDOT' is currently constructing the following project: Financial Project Number: 413840-1-52-01; 411890-i-52-01; 405674-2-52-01;414162-1-52-OS County: PALM BEACH COUNTY hereinafter referred to as the "Project". WHEREAS, FDOT and the PARTICIPANT entered into a Locally Funded Agreement (LFA) dated ,wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the Participant to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. FDOT and the PARTICIPANT agree that the recitals set forth above are true and correct and deemed incorporated herein. 2. An initial deposit in the amount of ONE MILLION FIVE HUNDRED NINETY SIX THOUSAND EIGHT HUNDRED FORTY EIGHT DOLLARS ANDTWENTY SIX CENTS ($1,596,848.26) will be made by the Participant into an interest bearing escrow account established by the FDOT for the purposes of the Project. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, Bureau of Collateral Management on behalf of the FDOT upon receipt of this Memorandum of Agreement, Such account will be an asset of FDOT. 3. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements. 4. All deposits shall be made payable to the Department of Financial Services, Revenue Processino and mailed to the FDOT District Four Office. The District Four Office will then forward the check, along with required documentation to the FDOT Central Office for appropriate processing at the following address: Florida Department of Transportation Office of Comptroller, LFA Section 605 Suwannee Street Mail Station #42B Tallahassee, Florida 32399 5. The FDOTs Comptroller, or designee shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account. 6. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LFA. 7. The Department of Financial Services agrees to provide written confirmation of receipt of funds to the FDOT. 8. The Department of Financial Services further agrees to provide periodic reports to the FDOT. STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL SERVICES COMPTROLLER DIVISION OF TREASURY CITY OF DELRAY BEACH BY: PARTICIPANT SIGNATURE PARTICIPANT NAME & TITLE 100 N.W. 1~ Avenue Qelrav Beach. FL 33444 PARTICIPANT ADDRESS F-s9~_nnn_~ns FEDERAL EMPLOYER I.D. NUMBER Q Q 0 a~ Q N Z Q U +-~ Ca +-~ Q r ~'~ Ve _ m_ -P~ >• -mg ~~ ~ o. 0 N N N