HomeMy WebLinkAboutDESIGN CONSULTANT SERVICES SUPPLEMENTAL AGREEMENT #3 TO WOLVERTON & ASSOCIATES FOR THE 15TH STREET PEDESTRIAN IMPROVEMENT PROJECT +ENGINEERING DEPARTMENT
SUPPLEMENTAL AGREEMENT
Augusta Richmond County Project Number(s): 371-041110-115040146
RC07-000147
GDOT Number(s): PI 0011408
Supplemental Agreement Number: 2
Purchase Order Number: 17ENG230
WHEREAS, We, Wolverton & Associates, Inc. Consultant, entered into a contract with Augusta-
Richmond County on March 29, 2017 for engineering design services associated with the
improvements to 15th Street Pedestrian Bridge, project RC07-000146, PI 0011408, File Reference
No. 19-014(T), and
WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered
by the scope of the original contract, we desire to submit the following Supplemental Agreement
to-wit:
Additional Engineering Services during construction phase for contractor request for field
information, utility conflicts assessment& resolution,field engineering, and attending construction
progress meetings.
It is agreed that as a result of the above described modifications the contract amount is increased
by$93,480.00 from $1,839,112.97 to a new total of$1,932,592.97
Any modifications to submittal dates shall be as identified in the attached proposal. This agreement
in no way modifies or changes the original contract of which it becomes a part, except as specifically
stated herein.
NOW, THEREFORE, We, Wolverton & Associates, Inc., Consultant, hereby agree to said
Supplemental Agreement consisting of the above mentioned item, and agree that this Supplemental
Agreement is hereby made a part of the original contract to be performed under the specifications
thereof, and that the original contract is in full force and effect, except insofar as it might be
modified by this Supplemental Agreement.
RECOMMEND FOR APPROVAL:
CITY OF AUGUSTA-RICHMOND COUNTY Wolverton &Associates
AUGUSTA, GE RGIA
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(SA02—For changes greater than$25,000) January 22,2019
January 15, 2019
Dr. Hameed Malik
Assistant Director Engineering
Augusta Engineering Department
452 Walker Street, Suite 110
Augusta, GA 30901
RE: Construction Administration Proposal - 15th Street Pedestrian Improvements Project
TIA - Phase I
Dear Dr. Malik:
Wolverton &Associates, Inc. (Wolverton) is pleased to submit this construction administration
proposal for supplemental Construction Administration on the SR 4/15th Street Pedestrian
Improvements - Calhoun Expwy. To Wrightsboro Road - Phase 1 project.
This proposal is based on the following:
I. Task Order Description:
The purpose of this task order is to provide supplemental design services for Phase 1 activities
based on Augusta Engineering Department's requirements.
II. Scope of Services:
Phase 7 - Construction Administration including:
a) Review of shop drawings related to the construction plans, if required
(assuming eight(8) hours per review)
b) Reviewing and responding to RFIs related to the construction plans
(assuming four (4) hours per request)
c) Design revisions needed in order to resolve conflicts in the field (assuming
eight (8) hours per revision)
d) Attendance at pre-construction, construction meetings and monthly
meetings (assuming one (1) per month for the eighteen (18) month
construction schedule)
e) Coordination with City Inspector, as needed
f) Site visits in order to address design revisions, as needed
g) Construction Inspections are excluded
111. Deliverables:
The following items shall be completed by the Consultant and provided during the eighteen
(18) month construction schedule of Phase 1 activities following the Notice to Proceed:
A. Design revisions submitted/reviewed/approved electronically
B. RFI responses
C. Shop drawing reviews
WOLVERTON
Mr. Hameed Malik
January 15, 2019
Page 2
COST AMOUNT OF PROPOSAL
PHASE DESCRIPTION COST
Phase 7 - Construction Services $93,480
Total Lump Sum Cost Amount of Contract Proposal $93,480
Assumptions: All materials testing, construction inspection services, and project close-out will
be performed by others.
Exclusions to this scope of work shall be as follows:
a. Progress reports
b. Pay requests
c. Labor standard report reviews
d. Change order reviews
e. Maintaining daily logs and reports
f. Enforcement of safety regulations
g. Verifying lines and grades
h. Field measurements and testing
i. Final inspection and punch list preparation
j. Certifications of completion
k. As-built drawing preparation
Wolverton understands that construction activities will need to commence as soon as the
project is awarded and we are prepared to start as soon as the Notice to Proceed is given. All
services are assumed to be completed within eighteen (18)months to correspond with the 15th
Street Phase 1 construction schedule.
This proposal was prepared with the intent of addressing your specific needs and concerns
thus far identified. Wolverton appreciates the opportunity to submit this proposal for
engineering services.
Wolverton reserves the right to review and subsequently revise this proposal in the event of
any changes to the scope of services proposed below. Also, if the proposed fee is depleted
prior to completion of construction of Phase 1, Wolverton will submit an additional request for
the remaining effort.
We sincerely appreciate this opportunity and look forward to serving your needs!
Sincerely,
Wolverton&Associates, Inc. Wolverton&Associates, Inc.
0A-11 :911)e -
Angela Snyder, P.E. Brad Robinson, P.E.
Project Manager Market Sector Leader
AS:jy
WOLVERTON
STANDARD CHARGES SHEET
ENGINEERING SERVICES/HOURLY RATES
Principal $240.00/hour
Professional Engineer $100.00— $200.00/hour
Engineer,E.I.T $85.00— $160.00/hour
Registered Land Surveyor/Project Manager $90.00— $150.00/hour
Land Surveyor $85.00— $120.00/hour
CAD Technician... $70.00— $110.00/hour
Traffic Technician $80.00— $110.00/hour
Survey Field Team $110.00— $130.00/hour
Administration $65.00/hour
REIMBURSABLE EXPENSES
Reproduction, Postage, Overnight Delivery, Courier Service,
Long Distance Telephone Calls At Cost
Travel out of town At Cost
Travel in town Current IRS Standard Mileage Rate
REMARKS
Service and fees not listed above will be quoted upon request.
Invoices will be submitted once a month for services rendered during the
previous month.
Payment will be due within thirty (30) days of invoice date. Interest will be added to
delinquent accounts at the rate of 1.5% for each month ofdelinquency.
WOLVERTON
WOLVERTON
TERMS AND CONDITIONS OF AGREEMENT
This AGREEMENT made and entered into this 15th day of January 2019, by and between
Wolverton & Associates, Inc., with offices at 6745 Sugarloaf Parkway, Suite 100, Duluth, GA 30097
hereinafter referred to as"WOLVERTON",and Augusta Engineering Department with a mailing address
of 452 Walker Street,Suite 110,Augusta,GA 30901,hereinafter referred to as"CLIENT".
WHEREAS,the CLIENT desires to engage the services of WOLVERTON to furnish transportation
engineering services related to providing supplemental construction administration services for Phase 1
construction activities based on Augusta Engineering Department's requirements for project located in
Augusta, GA set forth in the Engineering Service Proposal Letter dated January 15, 2019 to which these
TERMS AND CONDITIONS are attached;and
WHEREAS, WOLVERTON has signified its willingness to provide the aforesaid services for the
CLIENT;
NOW, THEREFORE, in consideration of the foregoing and of other good and valuable
considerations,the receipt and sufficiency of which are hereby acknowledged,the parties hereto,intending
to be bound legally,do hereby agree as follows:
A. Performance of Services
WOLVERTON agrees to perform those services outlined in the Letter Agreement to which these
TERMS AND CONDITIONS are attached.
WOLVERTON will perform the work with a degree of skill and care that is required by generally
accepted professional standards. All warranties, other than express warranties specified in the
AGREEMENT, including the implied warranties of merchantability and fitness for a particular purpose,
are hereby expressly disclaimed and excluded. WOLVERTON makes no warranties express or implied,
representation, or guarantee with respect to forecasts,recommendations,and analysis that may be based
in whole or in part on assumptions that include predictions of future events.
The services to be performed outlined in the Letter Agreement shall be commenced on the date of
execution of this AGREEMENT. The services shall be concluded upon the completion of the project
outlined in the Letter Agreement.
If modifications become necessary during the performance of the work specified in the Letter
Agreement,such modifications shall be valid only when authorized in writing by the CLIENT. In the event
WOLVERTON is authorized by the CLIENT to perform services in addition to those described in the Letter
Agreement,such services shall be performed by WOLVERTON based upon an amount agreed upon prior
to the performance of the modified services.
If included in Scope of Services, in the Letter Agreement WOLVERTON will prepare an estimate
of the probable construction cost of the project. Since WOLVERTON has no control over the cost of labor,
materials,or equipment;the contractor's methods of determining prices;or competitive bidding or market
conditions,WOLVERTON's opinions of probable costs are to be made on the basis of its experience and
qualifications and represent its professional judgment as a design professional familiar with the
WOLVERTON
TERMS AND CONDITIONS
PAGE 2
construction industry. WOLVERTON cannot and does not guarantee that actual proposals, bids, or
construction costs will not vary from opinions of probable cost prepared by WOLVERTON. If the CLIENT
wishes greater assurance as to the construction costs, the CLIENT shall employ an independent cost
estimator at the CLIENT'S expense.
B. Services to be Provided by the Client
Any information, data, reports, records, and maps which are available, and which are useful for
carrying out the work on this assignment shall be promptly furnished to WOLVERTON,by the CLIENT.
Specific services and materials to be provided to WOLVERTON,by the CLIENT,are outlined in the Letter
Agreement to which these TERMS AND CONDITIONS are attached.
WOLVERTON shall not be responsible for the accuracy or validity of information that it obtains
from others in connection with the performances of the services for the CLIENT.
C. Limitation of Liabilities
WOLVERTON shall not be liable for any damages caused by delays in the performance of its
services to the CLIENT,which result from events which are beyond its reasonable control. For purposes
of this AGREEMENT,these events shall include,but not be limited to,adverse weather conditions,floods,
fire,war,riot,acts of terrorism,strikes,lockouts,unknown site conditions,accidents,loss of permits,court
orders,and acts of God. Should such events occur,the parties to this AGREEMENT shall mutually agree
on the terms and conditions upon which the work may be continued.
It is understood and agreed that the maximum liability of WOLVERTON with respect to or arising
out of the obligations hereunder and any duty assumed relative to the obligations arising out of this
AGREEMENT,whether explicit,implicit,or contemplated,shall be limited to the amount of$235,000 and
no default or breach of covenant or duty shall impose or subject WOLVERTON to a greater liability.
WOLVERTON shall not be liable to CLIENT or any other party for any lost profits or consequential or
indirect damages whether WOLVERTON had notice of the possibility of such damages or not.
During the completion of the project set forth in the Letter Agreement,WOLVERTON shall carry
and maintain in force workers' compensation and employers' liability insurance in accordance with the
law, and comprehensive general and automobile liability insurance covering injury or death of persons
and property damage. Upon request by CLIENT,WOLVERTON shall furnish or have its insurance carrier
furnish certified copies of such insurance policies.
It is understood and agreed that WOLVERTON's Scope of Services under this Agreement does
not include project observation or review of the Contractor's performance or any other construction phase
services,and that such services will be provided for by the Client.The Client assumes all responsibility
for interpretation of Contract Documents and for construction observation,and the client waives any
claims against WOLVERTON that may be caused in whole or in part by the interpretation of contract
documents or construction observation or the failure thereof.
In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold
harmless WOLVERTON, its officers, directors, employees and subconsultants (collectively,
WOLVERTON) against all damages, liabilities or costs, including reasonable attorneys' fees and defense
costs,arising out of or in any way connected with the performance of such services by other persons or
entities and from any and all claims arising from modifications,clarifications,interpretations,adjustments
TERMS AND CONDITIONS
PAGE 3
or changes made to the Contract Documents to reflect changed field or other conditions,except for claims
arising from the sole negligence or willful misconduct of WOLVERTON.
WOLVERTON shall have no responsibility for the means, methods, sequence, and technique of
construction. WOLVERTON shall have no responsibility for safety on the project's site.
CLIENT shall indemnify, defend, and hold WOLVERTON harmless from any claims, demands,
and causes of action asserted against WO WOLVERTON LVERTON by any person, including CLIENT'S
employees,for personal injury,death,or loss or damage to property resulting from CLIENT'S negligence
or willful misconduct.
This AGREEMENT shall be governed by, and the legal relations between the parties determined
in accordance with the laws of the State of Georgia. By execution of this AGREEMENT,CLIENT consents
to personal jurisdiction and venue in the courts in the State of Georgia. CLIENT also consents to personal
jurisdiction of the U.S. District Court for the State of Georgia if some basis for federal jurisdiction exists
such as diversity of citizenship. Any arbitration or other dispute between the parties hereto relating to this
AGREEMENT shall take place in the State of Georgia.
The provisions of this AGREEMENT shall be deemed severable, and the invalidity or
unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability
of the other provisions hereof. If any provision of this AGREEMENT shall be held invalid or unenforceable
by any court of competent jurisdiction,such holding shall not invalidate or render unenforceable any other
provisions hereof.
D. Prices-Payment Conditions
WOLVERTON shall be reimbursed for services rendered in the performance of this assignment,in
accordance with the fee structure as set forth in the Letter Agreement to which these TERMS AND
CONDITIONS OF AGREEMENT are attached. The parties agree that any amounts payable under this
AGREEMENT shall not be contingent upon receipt of any other payments from any third party.
WOLVERTON reserves the right to modify our standard fee structure for the services to be
rendered as outlined in the Letter Agreement to which these TERMS AND CONDITIONS OF
AGREEMENT are attached should the CLIENT not authorize WOLVERTON to begin work on the services
outlined in the attached Letter Agreement within a ninety (90) day period from the date which this
AGREEMENT was entered into between WOLVERTON and CLIENT.
All Direct expenses incurred by WOLVERTON in connection with the performance of its services
for CLIENT shall be included in the amount of the lump sum fee.
All invoices from WOLVERTON to the CLIENT shall be paid within thirty (30) days after being
received by CLIENT, and such payment shall not be contingent or dependent upon any conditions
(including,without limitation, the approval by any governmental entity) of any action or undertaking of
the CLIENT other than those conditions,if any,specifically set forth in the Letter Agreement. All payments
of invoices shall be submitted to the following address: Wolverton & Associates, Inc., 6745 Sugarloaf
Parkway,Suite 100,Duluth,GA 30097.
CLIENT agrees to pay interest at the rate of 1.5% per month on all amounts which are overdue. In
addition, in the event that any invoice remains unpaid for more than thirty (30) days, WOLVERTON
reserves the right to cease performing services for the CLIENT and to retain all documentation prepared
TERMS AND CONDITIONS
PAGE 4
by WOLVERTON for or on behalf of the CLIENT. In the event Wolverton&Associates,Inc. collects any
amount from the client by or through an attorney, the client shall pay Wolverton & Associates, Inc.'s
attorney's fees in the amount of 15% of the principal and interest pursuant to O.C.G.A.§13-1-11.
CLIENT,at CLIENT'S expense,shall pay all taxes imposed by reason of the project to be completed
by CLIENT, including but not limited to all sales and use taxes, licenses, fees, income, franchise, and
personal property taxes.
E. General Provisions
This AGREEMENT may be terminated for any reason by either party upon written notification to
the other party. The date of termination shall be no earlier than 30 days after receipt of such written
notification. Upon termination of this AGREEMENT, WOLVERTON shall be compensated for all work
performed and expenses incurred prior to the date of termination.
Any notice required to be given pursuant to this AGREEMENT shall be deemed properly given
when delivered in writing personally or deposited in the U.S.Mail addressed to WOLVERTON or CLIENT
at the address set forth below,with the postage fully prepaid.
If to WOLVERTON: Wolverton&Associates,Inc.
6745 Sugarloaf Parkway
Suite 100
Duluth,GA 30097
If to CLIENT: Augusta Engineering Department
452 Walker Street,Suite 110
Augusta,GA 30901
The assignment of this AGREEMENT or any money or interest due under this AGREEMENT by
either party shall be void without the prior consent of the other party.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Georgia.
This Agreement consists of the Proposal for Engineering Services, Standard Charges Sheet, and
these Terms and Conditions. This Agreement constitutes the entire Agreement between the parties,
supersedes all previous communications,written or oral,and may not be changed except by as mutually
agreed to in writing.
In an effort to resolve any conflicts that arise during the design and construction of the Project or
following the completion of the Project, the CLIENT and WOLVERTON agree that all disputes between
them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation.
The CLIENT and WOLVERTON further agree to include a similar mediation provision in all
agreements with independent contractors and consultants retained for the Project and to require all
independent contractors and consultants also to include a similar mediation provision in all agreements
with their subcontractors,subconsultants, suppliers and fabricators, thereby providing for mediation as
the primary method for dispute resolution among the parties to all those agreements.
If any clause or provision of this Agreement should be determined to be illegal, invalid, or
enforceable,it is expressly agreed by the parties hereto that the remainder of the Agreement for Consulting
TERMS AND CONDITIONS
PAGE 5
Services shall not be affected thereby and all other terms shall remain in full force and effect. No
presumption shall be deemed to exist in favor or against either party hereto as a result of the preparation
or negotiation of this Agreement.
CLIENT agrees that all drawings, plans, field notes, specifications, computer programs and
printouts,and other documents developed by WOLVERTON in connection with this project shall be the
property of WOLVERTON. CLIENT may retain a copy of each such document,but CLIENT shall not use
such documentation on any extension of this project or any other project without the written consent of
WOLVERTON.
Notwithstanding any other provision of this Agreement,and to the fullest extent permitted by law,
neither the CLIENT nor WOLVERTON,their respective officers,directors,partners,employees,contractors
or sub consultants shall be liable to the other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way to the Project or to this Agreement. This
mutual waiver of consequential damages shall include,but is not limited to,loss of use,loss of profit,loss
of business,loss of income,loss of reputation and any other consequential damages that either party may
have incurred from any cause of action including negligence,strict liability,breach of contract,and breach
of strict or implied warranty.
CLIENT is not entitled to use the WOLVERTON trade mark or trade name,or any other symbols
of WOLVERTON in advertisements,brochures,releases,or similar materials without the written consent
of WOLVERTON.
The failure of either party to insist upon strict compliance with the terms hereof shall not be
deemed a waiver of any right hereunder,unless such waiver is contained in writing signed by both parties.
The parties have made and entered into this AGREEMENT as of the date first above written.
AUGUSTA ENGINEERING DEPARTMENT WOLVERTON&ASSOCIATES,INC.
By: ftt /�
Atiii Authorized Signature( on signing is Bfad Robinson
gn gru g
duly authorized by law to sign on behalf of entity) Market Sector Leader\\Transportation
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