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HomeMy WebLinkAbout38-22 RESOLUTIONOF FAYETre J i 1 ! 9RKANS PS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 38-22 File Number: 2022-0027 RFQ #19-01 OLSSON, INC. AMENDMENT NO. 4 - 2019 CULTURAL ARTS CORRIDOR BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO. 4 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC. IN THE AMOUNT OF $324,000.00 FOR CONSTRUCTION ADMINISTRATION AND PROJECT CLOSEOUT SERVICES RELATED TO THE REPLACEMENT PARKING DECK FOR THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 CULTURAL ARTS CORRIDOR BOND PROJECT WHEREAS, on January 21, 2020, the City Council passed Resolution 32-20 to approve a professional engineering services agreement with Olsson, Inc., pursuant to RFQ 19-01, for engineering services related to the replacement parking deck; and WHEREAS, Amendment No. 4 will include construction administration and project closeout services to include project administration, construction observations, review test reports, on site meetings, progress meetings, and final inspections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Amendment No. 4 to the professional engineering services agreement with Olsson, Inc., a copy of which is attached to this Resolution, in the amount of $324,000.00 for construction administration and project closeout services related to the replacement parking deck for the Cultural Arts Corridor Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget Page 1 Printed on 212122 Resolution: 38-22 File Number: 2022-0027 adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 2/l/2022 Attest: ,E�j�Ub `rf�i rITY . .� • ��'�`�77ES i i t r `-Z Kara Paxton, City Clerk Treasurer; �(� �+ 114111116110 oo� Page 2 Printed on 212122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0027 Agenda Date: 2/1/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.16 RFQ #19-01 OLSSON, INC. AMENDMENT NO.4 - 2019 CULTURAL ARTS CORRIDOR BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO.4 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC. IN THE AMOUNT OF $324,000.00 FOR CONSTRUCTION ADMINISTRATION AND PROJECT CLOSEOUT SERVICES RELATED TO THE REPLACEMENT PARKING DECK FOR THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 CULTURAL ARTS CORRIDOR BOND PROJECT WHEREAS, on January 21, 2020, the City Council passed Resolution 32-20 to approve a professional engineering services agreement with Olsson, Inc., pursuant to RFQ 19-01, for engineering services related to the replacement parking deck; and WHEREAS, Amendment No. 4 will include construction administration and project closeout services to include project administration, construction observations, review test reports, on site meetings, progress meetings, and final inspections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Amendment No. 4 to the professional engineering services agreement with Olsson, Inc., a copy of which is attached to this Resolution, in the amount of $324,000.00 for construction administration and project closeout services related to the replacement parking deck for the Cultural Arts Corridor Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 21212022 Wade Abernathy City of Fayetteville Staff Review Form 2022-0027 Legistar File ID 2/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: 1/14/2022 Approve amendment #4 to RFQ 19-01 for construction administration services with Olsson, Inc. in the amount of $324,000.00 for professional engineering services for the replacement parking deck for the Cultural Arts Corridor Phase 12019 Bond project and approve a budget adjustment. Budget Impact: 46080.860.7820-5860.02 4608-Arts Corridor 2019 Bonds Account Number 46080.7820 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Fund Arts Corridor Parking Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 11,381,017.00 $ 11,337,286.80 $ 43,730.20 $ 324,000.00 $ 280,270.00 V20210527 Purchase Order Number: 2020-00000355 Previous Ordinance or Resolution # 93-21 Change Order Number: Original Contract Number: Comments: 3 2020-00000014 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 1, 2022 TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bond and Construction Projects DATE: January 14, 2022 SUBJECT: Amendment #4 to Olsson Inc, Engineering services for replacement parking deck. RECOMMENDATION: Staff recommend approval of amendment #4 to RFQ 19-01 for construction administration services with Olsson, Inc. in the amount of $324,000.00 for professional engineering services for the replacement parking deck for the Cultural Arts Corridor Phase 12019 Bond project and approval of a budget adjustment. BACKGROUND: In April 2019, Fayetteville voters approved question 8 on the bond initiative for the new cultural arts corridor. The mayor and council committed that replacement parking would be included as a part of that project, and such parking would be completed prior to the commencement of the phase 2 civic plaza. Phase 1 Bonds allocated $20,016,970 for the CAC and replacement parking. In January 2020, Council passed resolution 32-20 for approval of a contract with Olsson, Inc. for Engineering Services for the replacement parking deck. In June 2020, amendment #1 was approved to include Schematic Design Architectural Services for the Architectural Elements of the Deck, and the West Avenue Police Substation. In January 2021, Amendment #3 addressed the Council requested soils borings and a report on the school street lot, to see if that was a viable location for the replacement parking in event the negotiations were unsuccessful with the Developers on the Depot Lot. Council also requested the survey of the properties at the depot lot being considered to ensure the exact footages. In March 2021 resolution 93-21 approved Amendment #2 that included the Balance of the Architectural Services for the Architectural Elements of the Deck and West Avenue Police Substation including Design Development, Construction Drawings, Bidding and Negotiation, and Construction Administration. It also included the structural Design of the Colonnade, Survey and platting. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: This amendment will be for the Construction Administration Services and project close outs to include Project Administration, Construction Observations, Review test reports, On site meetings, Progress meetings, and Final Inspections. BUDGET/STAFF IMPACT: A Budget Adjustment will move funds from the Phase 1 Arts Corridor Bond Unallocated Budget (46080.7999) to the Arts Corridor Parking project (46080.7820). Attachments: Olsson Amendment #4 AMENDMENT NO. 4 To CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CONSTRUCTION OF A NEW DOWNTOWN PARKING DECK Between CITY OF FAYETTEVILLE, ARKANSAS And OLSSON, Inc. WHEREAS, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and Olsson, Inc. of Fayetteville, Arkansas (ENGINEER) entered into an Agreement for professional engineering services in connection with the New Downtown Parking Deck (the "Project'); and WHEREAS, the Agreement was amended by Amendment No. 1 to include architectural services for the Schematic Design phase; and WHEREAS, the Agreement was amended by Amendment No. 2 to include additional architectural services or the parking deck and additional surveying services for properties south of Dickson Street necessary to assist with agreements between the city and landowners at the project site; and WHEREAS, the Agreement was amended by Amendment No. 3 to include additional geotechnical bores on an alternate site and additional surveying services for properties north of Dickson Street necessary to assist with agreements between the city and landowners at the project site; and WHEREAS, the Agreement as amended set forth compensation for Phases 1-4 (through the Bid Phase) but stated that compensation for Phase 5 (Construction Administration Services) and Phase 6 (Project Closeout) would be determined through an amendment after Phase 4 was complete; and WHEREAS, the current Agreement must now be amended to provide the additional scope and amount of compensation to the ENGINEER for Phase 5 (Construction Administration Services) and Phase 6 (Project Closeout); and NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and the ENGINEER, the parties hereto, stipulate and agree that the Contract for Professional Engineering Services is hereby amended in the following particulars: SECTION 4 — FEES, EXPENSES and PAYMENTS Add the following sentence at the end of Paragraph a: The maximum not -to -exceed amount is increased by Amendment No. 4 in the amount of $324,000, itemized as follows: CONSTRUCTION ADMINISTRATION AND PROJECT CLOSEOUT • Construction Administration Services $ 314,000 • Limited On -Site Construction Observation $ 10,000 APPENDIX A — SCOPE OF SERVICES 4. Scope of Work On Page 17, add the following Sections 4.f.ix and 4.fx: 020-0275 Amendment No.4 Page 1 ix. Limited On -Site Construction Observation. Olsson will provide a Resident Project Representative (RPR) to perform on -site construction observation and report construction activity to the ENGINEER and CITY OF FAYETTEVILLE. The observation of the RPR will be limited to the following construction elements and restrictions: a. Public street and drainage improvements b. Public water and sewer extensions c. The scope and fee is based on the RPR being on -site for limited durations during construction activities for street, drainage, and water/sewer extensions. Fee is based on a maximum of 80 hours of RPR observation. If additional inspection is required or requested by the CITY OF FAYETTEVILLE, an equitable adjustment will be requested by the ENGINEER. d. Duties, responsibilities, and limitations of authority of the RPR are shown in the attachment. e. Special Inspections and materials testing, including inspection of rebar, prestressed steel, observations of concrete placement, etc. is EXCLUDED from Olsson's Scope of Work. It is the responsibility of the CITY OF FAYETTEVILLE to provide these services under a separate agreement with a qualified firm and lab. APPENDIX B — DESIGN FEES AND PROJECT TIMELINE On page 2, replace Paragraph A.b with the following paragraphs: b. Compensation for Phase 5 (Construction Administration Services) and Phase 6 (Project Closeout) will be based on the actual time of personnel performing such services in accordance with the Labor Billing Rate Schedule(s), and all actual reimbursable expenses in accordance with the Reimbursable Expense Schedule attached to this agreement. These services will be provided on a time -and -expense basis not to exceed the amounts shown in Appendix A Section 4 of this Amendment. Fees for MBL Architecture and Walker Consultants are included and will be billed as expenses. Construction Administration fee is based on the following tasks and assumptions: • Project Administration • Prepare ASI Drawings • Attend Preconstruction Meeting • Attend Virtual OAC and On -Site Progress Meetings (Maximum of 18 on -site) • Site Visits by Design Professionals at Appropriate Intervals (Maximum 12) • Submittal Review and Tracking • Responses to Questions and RFIs • Change Order Request Reviews and Change Order Preparation • Review Test Reports • Review Applications for Payment by Construction Manager • Final Inspection and Substantial Completion • Prepare and Follow up with Punch List • Review and Coordinate Contractor Close-out Information • Issue Final Completion and Acceptance Letter • Set Construction Control and Check Corners c. Compensation for Limited Construction Observation Services will be based on based on the actual time of personnel performing such services in accordance with the Labor Billing Rate Schedule(s), and all actual reimbursable expenses in accordance with the Reimbursable Expense Schedule attached to this agreement. These services 020-0275 Amendment No.4 Page 2 will be provided on a time -and -expense basis not to exceed the amounts shown in Appendix A Section 4 of this Amendment. Fee is based on a maximum of 80 hours of RPR observation. If additional administration is required or requested by the CITY OF FAYETTEVILLE, an equitable adjustment will be requested by the ENGINEER. All other provisions of the original Agreement remain in full force and effect. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have caused this Amendment to be duly executed this day of 2022. i OLSSON. INC. >� or, ioneld J an ��`� G� . • • • �,�'F �i Brad Hammond PE; Office Leader ATTEST- Bv City Clerk �S' •• '� •• `Jeff F rd, ; Senior Director of Technical Support END66F! f, I�MENT NO.4 TO CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES 020-0275 Amendment No.4 Page 3 olsson a January 14, 2022 City of Fayetteville ATTN: Wade Abernathy 113 W. Mountain Street Fayetteville, AR 72701 RE: Professional Services Contract Amendment No. 4 City of Fayetteville Downtown Parking Deck Olsson Project No. 020-02750 Dear Wade: Please consider this letter as an attachment to the contract amendment reference above in order to clarify and provide transparency regarding future invoices. As we discussed, Olsson received a check from City Title & Closing, LLC in the amount of $34,700.00 for payment of surveying fees for the above reference project. Since Olsson has received full payment from the City of Fayetteville for this scope of work through previous invoices, the amount of $34,700.00 will be credited to future invoicing as follows: • A $24,000 credit will be applied to invoices for work associated with Amendment No. 4 for Construction Administration Services. • A $10,000 amount will be applied to invoices for work associated with Amendment No. 4 for Limited On -Site Construction Observation as follows. Invoices for Limited On -Site Construction Observation will show a credit of $10,000, with net payable amounts for this item not exceeding $10,000 in accordance with Amendment No. 4. This effectively increases Olsson's Not -To -Exceed amount for Limited On -Site Construction Observation from $10,000 to $20,000, allowing an additional 80 hours of on -site observation. Please let me know if you have any questions or need additional information. Sincerely, Brad Hammond, PE Olsson Office Leader 302 E. Millsap Road / Fayetteville, AR 72703 0 479.443.3404 / olsson.com City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 FACILITIES MANAGEMENT (140) 2022 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approve amendment #4 to RFQ 19-01 for construction administration services with Olsson, Inc. in the amount of $324,000.00 for professional engineering services for the replacement parking deck for the Cultural Arts Corridor Phase 12019 Bond project. RESOLUTION/ORDINANCE COUNCIL DATE: 2/1 /2022 LEGISTAR FILE ID#: 2022-0027 111312022 1:06 PM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 2/1/2022 CHKD/POSTED: TOTAL Account Number 165,249 165,249 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20211122 Account Name 4608.860.7820-5860.02 280,270 - 46080 7820 EX Capital Prof Svcs - Engineering/Architectu 4608.860.7999-5899.00 4608.860.7000-4707.46 (115,021) - - 165,249 46080 7999 EX 46080 7000 RE Unallocated - Budget Interest - 2019 Project Funds H:\Budget Adjustments\2022_Budget\CITY COUNCIL\02-01-22\2022-0027 BA CAC Parking Deck Olsson #4.xlsm 1 of 1 Amendment #5 to RFQ 19-01 with Olsson, Inc City of Fayetteville Staff Review Form 2022-1186 Item N ARCHIVED N/A City Council Meeting Date -Agenda Item Only N/A for Non -Agenda Item Wade Abernathy 12/15/2022 FACILITIES MANAGEMENT(140) Submitted By Submitted Date Division / Department Action Recommendation: Approve amendment #5 to RFQ-19-01 with Olsson Inc., for Engineering Services for the replacement parking deck for the cultural arts corridor Phase 1, 2019 Bond Project. This is a zero sum amendment. Account Number Project Number Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Budget Impact: Total Amended Budget Expenses(Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title V20221130 Purchase Order Number: 2020-355 Previous Ordinance or Resolution# 38-22 Change Order Number: Original Contract Number: Comments: 5 Approval Date: 2020-14 12/17/2022 CITY OF FAYETTEVILLE STAFF MEMO ARKANS ARKANSAS TO: Mayor Lioneld Jordan THRU: Paul Becker, Chief Financial Officer FROM: Wade Abernathy, Director Bond Construction an Building Projects DATE: December 15, 2022 SUBJECT: Amendment #5 to Olsson Inc., Engineering Services for replacement parking deck. RECOMMENDATION: Staff recommend approval of amendment #5 to RFQ 19-01 for professional engineering services for the replacement parking deck in the amount of Zero Dollars.- 2019 Arts Corridor Project. BACKGROUND: In January 2020, Council passed resolution 32-20 for approval of a contract with Olsson, Inc. for Engineering Services for the replacement parking deck. From 2020 thru February of 2022, there have been 4 amendments to this contract. DISCUSSION: This is reconciliation change order in the amount of zero dollars. The scope of the amendment is for additional services requested for testing and construction administration. There were contingencies in the contract to cover the fees for these services. BUDGETISTAFF IMPACT: No budget impact. Attachments: Olsson Amendment #5 Mailing Address: 113 W. Mountain Street www.fayettevllle-argov Fayetteville, AR 72701 AMENDMENT NO.5 To CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CONSTRUCTION OF A NEW DOWNTOWN PARKING DECK Between CITY OF FAYETTEVILLE, ARKANSAS And OLSSON, Inc. WHEREAS, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and Olsson, Inc. of Fayetteville, Arkansas (ENGINEER) entered into an Agreement for professional engineering services in connection with the New Downtown Parking Deck (the `Project'); and WHEREAS, the Agreement was amended by Amendment No. 1 to include architectural services for the Schematic Design phase; and WHEREAS, the Agreement was amended by Amendment No. 2 to include additional architectural services or the parking deck and additional surveying services for properties south of Dickson Street necessary to assist with agreements between the city and landowners at the project site; and WHEREAS, the Agreement was amended by Amendment No. 3 to include additional geotechnical bores on an alternate site and additional surveying services for properties north of Dickson Street necessary to assist with agreements between the city and landowners at the project site; and WHEREAS, the Agreement was amended by Amendment No. 4 to construction administration and project closeout services; and WHEREAS, the CITY OF FAYETTEVILLE has requested additional services; and the current Agreement must now be amended to provide the additional scope and amount of compensation to the ENGINEER for the additional services; NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and the ENGINEER, the parties hereto, stipulate and agree that the Contract for Professional Engineering Services is hereby amended in the following particulars: SECTION 4—FEES. EXPENSES and PAYMENTS Add the following sentence at the end of Paragraph a The not -to -exceed fee (NTE) amount is increased by Amendment No. 5 in the amount of $20,000.00 as itemized below. However, a credit of $20,000 will be applied to the total project budget, resulting in a maximum net increase of compensation provided by the CITY OF FAYETTEVILLE of $0.00. 020-0275 Amendment No.5 Page 1 AMD # 5: WEST AVENUE (HILLCREST BLOCK CONSTRUCTION ADMINISTRATION AND PROJECT CLOSEOUT • Drawing Revisions for Value Engineering (West ave) $ 10,000 • Additional Construction Administration Services $ 10,000 • Additional Construction Testing $ 10.000 Subtotal $ 30,000 AMD #4 Change: Limited Off -Site Construction (Deduction) $ (10,000) Subtotal NTE Fee Change: $ 20,000 Credit Applied $ (20,000) Net Increase in Maximum Compensation $ 0.00 APPENDIX A — SCOPE OF SERVICES 4. Scope of Work Add the following sections to the Scope of Work: WEST AVENUE (HH.LCREST BLOCK CONSTRUCTION ADMINISTRATION AND PROJECT CLOSEOUT i. Drawing Revisions for Value Engineering (West Avenue Hillcrest block) a. During bidding process items were deleted From the design that substantially effects the construction including removal of new sidewalk, drainage, retaining wall and all other appurtenances and features on the east side of West avenue from Center Street to Meadow street. This task item includes revision of contract drawings to include deletions and to modify design for crosswalks, drainage and utilities to accommodate such deletions. ii. Civil Construction Administration (West Avenue Hillcrest block) The fee provided is limited to Civil Construction Administration for scope area A elements of the project. Olsson shall provide engineering construction administration based on a 6-month construction schedule including the following: a. Attend Preconstruction meeting. Fee is limited to two Olsson engineers to attend meeting. b. Attend monthly progress meetings. Fee is limited to one Olsson engineer to attend monthly meetings. c. Furnish professional engineer to make visits to the site (as distinguished from the services of a Resident Project Representative) as appropriate to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents. In performing these services, the Engineer will endeavor to protect the Owner against defects and deficiencies in the work of the contractor; but he cannot guarantee the performance of the contractor, nor will the Engineer supervise, direct, control or have authority over or be responsible for Contractor's means, methods, techniques, sequences or procedures of construction or for the safety measures that the contractor takes or should take. d. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the contractor submits. This review is for the benefit of the Owner to ensure general conformance with the design concept of the project and general compliance by the contractor with the information given in the contract documents. It does not 020-0275 Amendment No.5 Page 2 relieve the contractor of any responsibility such as dimensions to be confirmed and correlated at the job site, appropriate safety measures to protect workers and the public, or the necessity to construct a complete and workable facility in accordance with the contract documents. e. Prepare and review construction documentation including Requests For Information, Field Orders, Change Orders as directed by the Owner or Owner's representative. f. Coordinate and conduct a final inspection with the Contractor and the Owner and Prepare a Punch List of deficient construction items for the Contractor to address. iii. Additional Construction Testing Services (West Avenue Hillcrest block) a. Continued construction observation and testing services have been requested for fill placement, and exterior concrete. We propose to provide our observation and testing services in the following manner: o Fill Placement — Olsson will perform field density tests on structural fill placed within the footprint of proposed pavement areas, and in backfill placed within segments of utility trenches, retaining walls, and/or along segments of foundation walls. c Exterior Concrete— Field tests, including slump, air entrainment and temperature, will be performed on samples of concrete obtained from these structures. Cylinders will be cast from the concrete used in the construction of the structure for compressive strength testing. APPENDIX B — DESIGN FEES AND PROJECT TIMELINE Add the following: Compensation for services added by this amendment will be based on the actual time of personnel performing such services in accordance with the Labor Billing Rate Schedule(s), and all actual reimbursable expenses in accordance with the Reimbursable Expense Schedule attached to the agreement. These services will be provided on a time -and -expense basis not in exceed the amounts shown in Appendix A Section 4 of this Amendment. All other provisions of the original Agreement remain in full force and effect. 020-0275 Amendment No.5 Page 3 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have caused this Amendment to be duly executed this 17th day of December , 2022. OLSSON, INC. PE; By, ��� EVILL'r_B =I\ Y City Clerk'[ /�G6abCl� _ Ilyau Bec ratan, PE; President END (* EN OWNT NO. 5 TO CONTRACT FOR PROF S�,MWAL ENGINEERING SERVICES 020-0275 Amendment No.5 Page 4