Amendment No. 1 to the PA/E with James Corner Field Operations, LLC coib— ,2461q
AMENDMENT NO. 1
TO THE PROFESSIONAL ARCHITECTURAL
AND
ENGINEERING (A/E) SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
JAMES CORNER FIELD OPERATIONS, L.L.C.
DATED JUNE 23, 2016
FOR THE PROVISION OF ADDITIONAL PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES FORTHE LINCOLN ROAD DISTRICT IMPROVEMENTS
PROJECT IN THE AMOUNT OF $1,274,000
THIS Amendment No. 1 to the Agreement is made and entered this 19 day of
f1\ , 2017, by and between the CITY OF MIAMI BEACH, a municipal
corporation existing under the laws of the State of Florida (the "City"), having its principal
offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and JAMES
CORNER FIELD OPERATIONS, L.L.C. a Pennsylvania Limited Liability Company having its
principal office at 475 10th Avenue, 9th Floor, New York, NY 10018 (the "Consultant").
RECITALS
WHEREAS, on June 23, 2016, pursuant to Request for Qualifications (RFQ) No.
2015-245-KB, the Mayor and City Commission adopted Resolution No. 2016-29319,
approving and authorizing the Mayor and City Clerk to execute an Agreement with James
Corner Field Operations, L.L.C. for Professional Architecture and Engineering Services for
the Lincoln Road District Improvements Project (the Agreement); and
WHEREAS, the Agreement provides for the architectural, engineering, landscape
architecture, surveying, infrastructure, limited historic preservation, signage and
wayfinding, cost estimating, and permitting as necessary for the Lincoln Road District
Improvements Project (the "Project"), including the design, bidding and award services,
and construction administration for the Project; and
WHEREAS, the Agreement was executed for a lump sum amount of
$3,861,000; and
WHEREAS, this Amendment No. 1 includes additional architectural and engineering
design services for the Project in the lump sum amount of $799,000, which services are
required in order to implement the vision of the Lincoln Road Master Plan; and
WHEREAS, this Amendment No. 1 deletes the design services for the 17th Street
component of the Project from the Consultant's scope of work, as this component will be
addressed as part of a separate City project, and the foregoing lump sum amount of $799,000
for additional services includes a negotiated credit for the deleted 17th Street scope of services;
Page 1 of 5
James Corner Field Operations,L.L.C.,Amendment No.1
WHEREAS, Amendment No. 1 also includes additional architectural and engineering
design services to incorporate a security barrier system (safety bollards) along the pedestrian
portions of the Project, in the lump sum amount of$75,000; and
WHEREAS, Amendment No. 1 also includes additional architectural and engineering
design services to extend the geographic area of the Project, as contemplated in the Lincoln
Road Master Plan, to include the area of the Lincoln Road Mall from Washington Avenue to
Collins Avenue (200-300 Block), in the not-to-exceed amount of$400,000; and
WHEREAS, the proposal from Consultant, totaling $1,274,000, was reviewed and found
to be fair and reasonable; and
WHEREAS, this Amendment No. 1 to the Agreement will revise the total contract sum
to the not-to-exceed total amount of$5,135,000.
NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this
Amendment No. 1.
2. MODIFICATIONS
(a) The Agreement is amended, as provided herein and in Schedule "A-1" attached
hereto.
(b) Section 4.1 of the Agreement is deleted in its entirety and replaced with the
following: "The City has established the Construction Cost Budget of$43 Million for
the Project, inclusive of the Lincoln Road Pedestrian Mall and Connectors. This
amount does not include construction costs for the security barrier system.
Consultant shall design the Project so that the Construction Cost Budget for the Project
is not exceeded. As part of the Basic Services, Consultant shall design and/or re-
design the Project to the Construction Cost Budget in accordance with this Article 4,
making all revisions necessary to maintain the Construction Cost Budget. Consultant
shall attend meetings with the City to review and discuss cost estimates, cost-saving
alternatives, and implementation or revision of the Design Documents and Construction
Documents to address such items, as necessary to meet the established budget
parameters set forth in the City Construction Budget."
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged and shall remain
in full force and effect.
4. RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as amended by this
Amendment No. 1.
Page 2 of 5
James Corner Field Operations,L.L.C.,Amendment No.1
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
be executed in their names by their duly authorized officials as of the date first set forth
above.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
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ATTEST: .-Arti SULTANT:
JAMES CORNER FIELD OPERATIONS, L.L.C.
Isabel Castilla James Corner, President
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
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City Attorney i 2_y Date
Page 3 of 5
James Corner Field Operations,L.L.C.,Amendment No.1
SCHEDULE "A - 1"
SCOPE OF SERVICES
Schedule "A" entitled, "Scope of Services", is amended as follows:
Revise the following under I. GENERAL
The scope of services included herein is as follows:
■ B. Project Limits — The project limits under Phase 1 are now increased to include the
200 and 300 Blocks (from Washington Avenue to Collins Avenue) along Lincoln Road
Pedestrian Mall.
Phase 1 is now to read as follows:
Phase 1 will encompass improvements along the Lincoln Road pedestrian mall from
Lenox Avenue (1000 Block) to Collins Avenue (200-300 Block), including connection
from Lincoln Road to 17th Street along Drexel, Pennsylvania, and Meridian,
improvements to Drexel Avenue from Lincoln Road to 17th Street including closure to
traffic for pedestrian use only of this portion of Drexel Avenue (with modifications to
Drexel Ave., south of Lincoln Road pedestrian mall towards 16th Street as necessary to
address any altered traffic patterns due to pedestrian-only use of Drexel Avenue).
Improvements along 17th Street from Pennsylvania Avenue to Washington Avenue will
be addressed as part of a separate project, and are hereby deleted from the
Consultant's scope of services.
Phase 2 will encompass Lincoln Lane North and South from Lenox Avenue (1000
Block) to Washington Avenue (400 Block) inclusive of connecting thoroughfares not
included in Phase 1 at Lenox, Michigan, and Euclid Avenues, and Lincoln Road
between Alton and West Avenues.
• C. General Services
31. security barrier system (safety bollards) along the pedestrian portion of Lincoln
Road Mall and Drexel Avenue
Please refer to the attached proposal for breakdown of anticipated effort. JCFO proposes to
perform the above-noted services for a not-to-exceed fee of$1,274,000.
Page 4 of 5
James Corner Field Operations,L.L.C.,Amendment No.1
PAYMENT AND COMPENSATION
The total fee proposed for this Scope of Work is a not-to-exceed amount of $1,274,000 (refer
to Exhibit A-1 attached herein).
• Original Agreement amount $3,861,000.
• Amendment No. 1: For the provision of additional architectural and engineering
services associated with the expanded scope to meet the proposals included in
the Lincoln Road Master Plan in the lump sum amount of $799,000, the
inclusion of security barrier system in the lump sum amount of $75,000, and the
extension of the Project scope to include Lincoln Road Mall from Washington
Avenue to Collins Avenue, in the not-to-exceed amount of$400,000.
• Revised Agreement amount: $5,135,000.
Page 5 of 5
James Corner Field Operations,L.L.C.,Amendment No.1
JAMES
CORNER
FIELD
OPERATIONS
City of Miami Beach
Capital Improvement Projects Office
1700 Convention Center Drive,
Miami Beach, FL 33139
Att. Mr. Gomez and Mr. Lopez Medina
Project: 1605—Lincoln Road District Improvements
Re: Additional Scope of Work and Contract Reevaluation
Additional Service#1
01.24.2017
Dear Mr. Gomez and Mr. Lopez Medina
I am submitting a request for approval for the above-referenced additional services and associated
amendment of the agreement between the City of Miami Beach and James Corner Field Operations LLC for
professional architectural and engineering services for the Lincoln Road District Project dated of June 23,
2016.
PROPOSAL DESCRIPTION
This proposal includes Design Team fees for additional services associated with the following items:
A. Budget and Contract Reevaluation in response to the Finance and Citywide Projects
Committee of the City of Miami Beach recommendation that the Lincoln Road Designs be
advanced to match the proposals included on the Master Plan and the Construction Budget be
increased accordingly.
B. Request to include anti-ram vehicle barriers(safety bollards)along the pedestrian portion of
Lincoln Road and Drexel Avenue.
C. Request extend the Lincoln Road Improvements scope to include the implementation of the
Master Plan proposals for Lincoln Road from Washington Ave to Collins Ave(200-300 blocks).
PROPOSAL SCOPE
A. Budget and Contract Reevaluation
Description:
James Corner Field Operations'scope of work included as part of the Prime Agreement dated of June 23,
2016 encompassed the design of Phase 1 of the Lincoln Road District Improvements assuming components
of the Master Plan scope equivalent to$22,486,651 in construction costs and a design fee of 15.56%.
After demonstrating the allocated budget will not cover a large part of the proposed Master Plan
improvements for Lincoln Road,on October 28th,the Finance and Citywide Projects Committee of the City
of Miami Beach voted to recommend the Lincoln Road District designs be advanced to match the proposals
included on the Master Plan and the Construction Budget be increased accordingly.
The Master Plan's order of magnitude cost estimate completed on August of 2016 estimated improvements
for Lincoln Road, Meridian, Drexel and Pennsylvania Avenues at$38,983,962 in construction costs.Against
this budget,the current design fees are equivalent to 8.9%, below the industry standard for a project of this
nature especially considering that these fees include both design services and construction administration
through the duration of Phase 1 of the project.
Proposed Add-Service and Contract Amendment:
475 tenth av cnuc, ncv' ork, ny "0013 • 212 433 1450 ticldoperatiuns net
JAMES
CORNER
FIELD
OPERATIONS
Given the Commission's recent direction,James Corner Field Operations is requesting a re-evaluation of the
current contract and fee resources based on points outlined on the memo submitted to the City on
November 14th,2016 revised on January 24,2017 and included on this proposal as an attachment.
B. Anti-ram Vehicle Barrier Risk Assessment and Mitigation Strategies
Description:
The City of Miami Beach Capital Improvement Project Office requested JCFO and their sub consultants
incorporate anti-ram vehicle barriers (safety bollards) along the pedestrian portion of Lincoln Road and the
proposed pedestrianized portion of Drexel Avenue as an anti-terrorism measure.
Proposed Add-Service:
Task B1-Risk Assessment
In order to establish the proper and most effective placement of anti-ram vehicle barriers (safety bollards),
JCFO recommends a risk assessment study is developed by a specialized engineer. The scope of work for
this study will include the following:
• Vehicle Vector Study
The study will determine the approach speeds of both a sedan and truck to the pedestrian
portion of Lincoln Road from Washington Ave to Alton Road and well as the proposed
pedestrianized portion of Drexel Ave from Lincoln Lane South to Lincoln Lane North.
There are nine (9) cross street with sixteen (16) potential entrance points from the
mapped roads. This study will result in establishing the maximum credible attack speed
with the current road geometry.
• Review the available existing underground utility survey and proposed underground utility
layout for each intersection, identify potential subgrade interference and potential conflicts
with future security barriers. Test pits may be required depending on the available
information.
• Provide a summary of types of anti-ram vehicle barriers and pros and cons, based on the
engineer's experience designing anti-ram perimeters.
• One trip to the site including a meeting with the City to discuss the study and
recommendations.
Task B2-Implementation
Following the recommendation of the Risk Assessment Analysis, JCFO and their sub consultants will
develop construction drawings and specifications to incorporate the anti-ram vehicle barriers (safety
bollards)into the Lincoln Road Improvements final construction documents including areas from Washington
Ave to Lenox Ave and Drexel Avenue from Lincoln Lane North to Lincoln Lane South.
Upon the City's direction, JCFO and their sub consultants can also prepare documents to incorporate the
recommended anti-ram vehicle barriers (safety bollards) on the 1100 block between Lenox Ave and Alton
Road.
The fee proposal for this scope assumes the bollards will be off-the-shelf products engineered by the
manufacturer based on the City's approved vehicle impact ratings. Design and engineering of custom
vehicle deterrents is not anticipated in the proposed fee.
It is assumed that construction costs for the implementation of bollards will be in addition to the current
project budget.
C. Extension to 200-300 blocks
Description:
The City of Miami Beach Capital Improvement Project Office requested the Lincoln Road Improvements
scope of work be extended in order to include the implementation of the Master Plan proposals for Lincoln
Road from Washington Ave to Collins Ave(200-300 blocks).
Proposed Add-Service
2
JAMES
CORNER
FIELD
OPERATIONS
JCFO and their sub consultants will advance the master plan design proposals for these two additional
blocks with the ultimate goal to include this additional scope in the Lincoln Road Improvements final
construction document set, including drawings and specifications.The design will include the intersection at
Collins Ave and Lincoln Road.
The fee proposal for this scope anticipates additional topographic, underground utility and existing tree
surveys,cost estimating for SD and DD drawing sets,a traffic study to support the design proposal,design
services for traffic, civil and MEP engineering, landscape architecture including paving,street furniture and
planting, irrigation,wayfinding and lighting as well as construction administration services assuming
implementation at the same time as the rest of Lincoln Road.
It is assumed that construction costs for the implementation improvements on these blocks will be in addition
to the current project budget.
SCHEDULE
A detailed schedule for the development of items B and C will be provided subsequent to this proposal
however, it is anticipated that permitting and final construction documents will be completed in conjunction
with the rest of the current Lincoln Road District Improvement Scope.
PROPOSAL FEE
The fees for items A, B and C are included on the fee breakdown below. Fees include JCFO and sub
consultant fees as well as associated expenses. Please refer to tables A, B and C for a full breakdown of
each fee.
Item Description Lump Sum Fee
A Budget and Contract Reevaluation $799,000.00 USD
B Anti-ram Vehicle Barrier Risk Assessment and Mitigation Strategies $75,000.00 USD
TOTAL LUMP SUM $874,000.00 USD
Allowance not to exceed
C Extension to 200-300 blocks $400,000.00 USD
TOTAL ALLOWANCE NOT TO EXCEED $400,000.00 USD
GRAN TOTAL NOT TO EXCEED $1,274,000 USD
Attachments:
1- Budget and Contract Reevaluation memo submitted to the City on November 14th,2016 revised on
January 24,2017.
2- Tables A, B and C fee breakdowns.
We appreciate your review of this proposal.
Sincerely,
(7;1—
Isabel Castilla Principal,James Corner Field Operations
3
JAMES
CORNER
FIELD
OPERATIONS
MEMO
TO: Diego M. Lopez Medina and David Gomez
CC:James Corner, Lisa Switkin
FROM: Isabel Castilla
DATE: November 14th,2016(Revised January 24,2017)
RE: Lincoln Road District Improvements—Budget and Contract Reevaluation
Mr. Lopez Medina and Mr. Gomez-
James Corner Field Operations'scope of work included as part of the Prime Agreement dated of June 23,
2016 encompassed the design of Phase 1 of the Lincoln Road District Improvements assuming components of
the Master Plan scope equivalent to$22,486,651 in construction costs and a design fee of 15.56%1.
After demonstrating the allocated budget will not cover a large part of the proposed Master Plan improvements
for Lincoln Road,on October 28th,the Finance and Citywide Projects Committee of the City of Miami Beach
voted to recommend the Lincoln Road District designs be advanced to match the proposals included on the
Master Plan and the Construction Budget be increased accordingly.
The Master Plan's order of magnitude cost estimate completed on August of 2016 estimated improvements for
Lincoln Road, Meridian, Drexel and Pennsylvania at$38,983,962 in construction costs.Against this budget,
the current design fees are equivalent to 8.9%, below the industry standard for a project of this nature
especially considering that these fees include both design services and construction administration through the
duration of Phase 1 of the project.
Given the Commission's recent direction, James Corner Field Operations is requesting a re-evaluation of the
current contract and fee resources based on points outlined below.
1. Add-alternates
Current Agreement Schedule B Consultant Compensation
Consultant Compensation included add-alternate fees for(1)the design and programing of an
interactive directory and visitor guide and(2)for the pedestrianization of Drexel Avenue including,
design, engineering and a traffic studies.
Proposed Adjustment
Both of these are key elements of the Master Plan therefore we request the approval of the fees
associated with these add-alternates,totaling$371,000 in order to meet the Commission's directive.
Please refer to Schedule B of the current contract and attached fee table.
2. Value Engineering Studies
Current Agreement Schedule A Scope of Services Exclusion#14
On August 29th,2016,the City of Miami Beach provided the Design Team a notice to proceed on
Task 2A(Phase 1 Schematic Design)with a directive to perform value engineering studies in order
to meet the current construction budget of$14.05M allocated for Lincoln Road. Over the course of 7
weeks,JCFO along with some of their sub consultants developed various design studies to value
engineer Lincoln Road's improvements targeting the$14.05M Construction Budget allocated for this
area.
' Fee includes design and construction administration services as well as travel and printing expenses but does include add-
alternates.Construction costs do not include costs and fees associated with infrastructure work.
475 tents' avenue new 4Ut"k, n 10013 • 212 '33 1450 iieklop rations.net
JAMES
CORNER
FIELD
OPERATIONS
Proposed Adjustment
Work equivalent to four weeks of full time staffing was dedicated to value engineering studies that are
now obsolete. Given the recent change in direction,we request compensation for this additional time
and effort as outlined on attached table and based on a monthly rate for SD established on the
invoicing schedule.
3. Budget Presentation to Finance and Citywide Projects Committee
Current Agreement Schedule A-Scope of Services
Item#2 listed under exclusions, states meetings and presentations beyond those listed in the scope of
work and Schedule K-meeting schedule, are excluded.The scope of work also anticipated two trips
during task 2:
Trip#2 completed on October 10th to 12th
Trip#3 to be completed at the end of the task and to include community, block by
block,stakeholder and city staff meetings.
Proposed Adjustment
Per the City's request,JCFO traveled to Miami on October 28th to present the budget and VE studies to
the Finance and Citywide Projects Committee. Given this trip and presentation were not anticipated as
part of the current scope of work,JCFO is requesting a compensation of$4,640 for time spent in
preparation of materials for this meeting,travel and presentation time and well a reimbursement for the
incurred travel expenses totaling$750.
4. Contract Terms and Establishment of Project Costs
Current Agreement Article 4-Responsibility for Project Costs
Article 4 establishes the Consultant's responsibility to design the Project so that the Construction Cost
Budget does not exceed that outlined on Schedule D-Construction Cost Budget or$22,486,651.This
article requires the redesign of the Project if after each cost estimate,the estimate exceeds the stated
percentage based on each phase of design and if the base bid exceeds the Construction Cost Budget by
more than 10%.
Proposed Adjustment
JCFO suggests the responsibility stated under this clause related to a Construction Budget of$22.4M is
revised for the Schematic Design task(Task 2A). Schematic Design will be developed following the
Master Plan schemes estimated in August of 2016 at$38.9M.We also suggest the City consider
establishing a new Construction Cost Budget to serve as a reference for this Article based on the
reconciled Schematic Design cost estimates developed by the Consultant's estimator and Project's
Construction Manager at the end of the Schematic Design period.
5. Project Schedule
Current Agreement Schedule E-Project Schedule
The project schedule outlined a Task2A duration of 12 weeks of design followed by 5 weeks of cost
estimating and review.To date, 7 weeks have been dedicated to Schematic Design followed by four
weeks where the majority of the work has been suspended to allow for the City's evaluation of the current
scope and budget.
We estimate four of the seven weeks of completed design work were dedicated to VE studies that are no
longer applicable to the project.
Proposed Adjustment
We propose the project schedule be re-adjusted as outlined on the attached revised schedule table
assuming a start date of November 14th,2016 and a total 8 week schedule increase accounting for 4
weeks of redesign work and 4 weeks of suspended work.
6. Fee Re-evaluation Request
The Master Plan's order of magnitude cost estimate completed on August of 2016 estimated
improvements at$38,983,962 in construction costs.Against this budget,the current design fees,which
2
JAMES
CORNER
FIELD
OPERATIONS
include both design and construction administration services are equivalent to 8.44%, significantly below
the industry standard for a project of this nature.
James Corner Field Operations is requesting a re-evaluation of the current fee resources and an increase
of$324,652 in fees in order to increase the design and construction administration fees to a total of 11%
against the$38.9M estimated costs.This percentage is within the lowest end of standard industry practice
for a project of this nature and includes both design and construction administration services.This
increase in fee anticipates additional fees for JCFO and their subconsultnats and includes fees associated
with all design tasks as well as Construction Administration fees.
The fee increase request considers the inclusion of previously agreed to add-alternate fees for(1)the
design and programing of an interactive directory and visitor guide and for(2)the pedestrianization of
Drexel Avenue as outlined on Schedule B of the current contract as well as additional fees requested for
items#2 and#3 described above.
We appreciate your review of this request.
3
JAMES
CORNER
FIELD
OPERATIONS
TABLE A-Budget and Contract Reevaluation
Project Lincoln Road District Improvements
Phase Phase 1
Date 11/9/2016(revised 01/24/2017)
Design Fee %against$22.4M CB* %against$38.98M CB**
CURRENT DESIGN FEES $ 3,500,000 15.56% 8.98%
ADDITIONAL FEES
ADD ALTERNATES
Add-Alt#1 Interactive Directory and Visitor Guide
TOTAL! $ 86,000
Add-Alt#2 Pedestrianization of Drexel
TOTAL) $ 285,000
ADD ALTERNATE GRAND TOTAL $ 371,000
VALUE ENGINEERING STUDIES
JCFO $ 95,333
Chen Moore $ 2,625
CHANGES IN DIRECTION TOTAL $ 97,958
PRESENTATION TO FINANCE AND CITYWIDE PROJECTS COMMITTEE
JCFO $ 4,640
travel expenses $ 750
PRESENTATION TOTAL $ 5,390
FEE RE-EVALUATION
TOTAL $ 324,652
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REVISED FEE GRAND TOTAL 4,299,000 I I 11.03%
Notes:
*Total construction budget provided by the CMB as stated on Schedule D of June 23,2016 Prime Agreement
**Total estimated construction budget for Areas A,and B per August 3,2016 Order of Magnitude Cost Estimate based on Master Plan designs.
JAMES
CORNER
FIELD
OPERATIONS
TABLE B-Anti-ram Vehicle Barrier Risk Assessment and Mitigation Strategies
Project Lincoln Road District Improvements
Phase Phase 1
Date 1/24/2017
DISCIPLINE TOTALS
Task B1-Risk Assessment
THORNTON TOMASETTI $35,000.00
Risk Assessment and Engineering
Task B2-Implementation
FIELD OPERATIONS $10,000.00
Project Lead/Landscape Architecture/
Urban Design/Public Engagement
ENGINEERING ALLOWANCE $10,000.00
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Add-Alternate
Implementation of bollards on the 1100 block $20,000.00
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JAMES
CORNER
FIELD
OPERATIONS
TABLE C-Extension to 200-300 blocks
Project Lincoln Road District Improvements
Phase Phase 1
Date 1124/2017
DISCIPLINE TOTALS
FIELD OPERATIONS $200,000.00
Project Lead/Landscape Architecture/
Urban Design/Public Engagement
RODRIGUEZ&QUIROGA $0.00
Historic Restoration
KIMLEY-HORN $100,000.00
Above Ground Civil Engineering,Traffic and Transportation
Engineering
ROBERT SILMAN ASSOCIATES $0.00
Structural Engineering
JALRW $15,000.00
MEP Engineering
CHEN MOORE&ASSOCIATES $10,000.00
Local LA,Irrigation,Code Consulting
TROPICAL DESIGNS OF FLORIDA $2,000.00
Horticulture&Arborist
PENTAGRAM
Signage&Identity $10,000.00
HLB LIGHTING DESIGN $15,000.00
Lighting Design
DELTA FOUNTAINS $0.00
Water Feature Design&Engineering
CRAUL LAND SCIENTISTS $0.00
Urban Soils
BISCAYNE ENGINEERING $17,000.00
Above-grade Surveying-Phase 1 Only
CMS INC.
Cost Estimating-Phase 1 only $16,000.00
INFRAMAP
utility survey $15,000.00
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