DATE: December 5, 2017
SUBJECT:
Title
RESOLUTION AUTHORIZING AN AGREEMENT WITH BURO HAPPOLD CONSULTING ENGINEERS, INC. FOR CONCEPT DEVELOPMENT, DETAILED DESIGN DOCUMENTATION, AND AS-NEEDED CONSULTING SERVICES REQUIRED FOR COMPLETING THE PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT PHASE OF THE SAN DIEGO-CORONADO BAY BRIDGE ARTISTIC LIGHTING PROJECT FOR A MAXIMUM AMOUNT PAYABLE UNDER THE AGREEMENT NOT TO EXCEED $393,250.
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EXECUTIVE SUMMARY:
On August 8, 2017, the Board of Port Commissioners approved two of three agreements that are needed to commence Phase 2 of the San Diego-Coronado Bridge Lighting Project, including: (1) a Cooperative Agreement with the California Department of Transportation (Caltrans); and (2) a service agreement with Studio Fink, Ltd. for the services of Peter Fink, the project design team’s artist. The purpose of this agenda item is to bring forth the remaining agreement with Buro Happold Consulting Engineers, Inc. (Buro Happold), the project design team’s engineering consultant and designated team lead (Attachment A). Authorization of this agreement will allow the design team to further develop the bridge lighting project’s concept design. The updated design will be documented in a project report that will be subject to review and approval by the District and Caltrans, and will include the appropriate environmental document.
RECOMMENDATION:
Recommendation
Adopt a resolution authorizing an agreement with Buro Happold Consulting Engineers, Inc. for concept development, detailed design documentation, and as-needed consulting services required for completing the Project Approval & Environmental Document (PA&ED) phase of the San Diego-Coronado Bay Bridge Artistic Lighting Project for a maximum amount payable under the agreement not to exceed $393,250.
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FISCAL IMPACT:
The San Diego-Coronado Bay Bridge Artistic Lighting is a multi-phase initiative that will be funded from non-District sources, including charitable contributions from businesses, organizations, individuals, and tenant percent for art contributions. The total amount of funds needed for Phase 2 agreements is $1,250,345, as detailed in the following expense table.
Phase 2 Expense Table:
As of November 2017, contributions received for the project amount to $491,525 in checks and on-line donations, with an additional $279,220 in signed pledges and signed tenant percent for art in-lieu contribution commitments, for a total of $770,745. Donations received are deposited in two separate funds, depending on the source, as shown below. Port tenant percent for art in-lieu contributions are deposited in the District’s Public Art Fund (designated for the bridge lighting), and other charitable contributions are deposited in the District-advised “San Diego-Coronado Bridge Lighting Project Fund” (#7077) at The San Diego Foundation.
Phase 2 Funds Available to Date:
Although funds collected and pledged to date, as indicated above, do not equal the amount of funds needed to cover Phase 2 expenses in their entirety, they are sufficient to enable all service providers associated with the project to commence work and achieve substantial milestones on Phase 2 while an active fundraising effort continues to secure the remaining funds needed to complete this phase. The service providers’ agreements are also structured to enable work to be paused at logical stopping points so that the District would not have to expend funds that have not been realized for the project.
Compass Strategic Goals:
This agenda item supports the following Strategic Goal(s).
• A Port that the public understands and trusts.
• A vibrant waterfront destination where residents and visitors converge.
• A Port with a healthy and sustainable bay and its environment.
• A Port with a comprehensive vision for Port land and water uses integrated to regional plans.
• A financially sustainable Port that drives job creation and regional economic vitality.
DISCUSSION:
Background
On June 14, 2011, the Board adopted a resolution approving a Memorandum of Understanding (MOU) between the District and Caltrans to facilitate the implementation of the bridge lighting project. This MOU serves as a guide to the intentions, policies, and respective roles and responsibilities of each agency regarding the project. The MOU affirms the agencies’ mutual commitment to cooperate on the project, their commitment to sustainable energy development, and their resolve to fund the remaining three phases of the project with funds obtained from outside sources in the form of donations and grants (Resolution No. 2011-85).
On August 9, 2016, staff presented to the Board an updated work plan for resuming the project. The work plan provided an overview of the general scope of the project and a summary of the tasks and responsibilities involved in resuming work and completing the project. The general scenario of the work plan, including respective organizational roles and phase sequencing, is consistent with the MOU between the District and Caltrans, which structures the project in four phases, as shown in the table below.
Project Phases:
Phase 1 was completed in 2010 with the selection and approval of the Peter Fink Team as the project design team (Resolution No. 2010-136). In addition to artist Peter Fink, the team consists of Speirs + Major Associates, an architectural lighting firm, and Buro Happold, an international engineering consultancy with offices in Los Angeles. In anticipation of resuming the bridge lighting project in 2017, staff held a series of pre-mobilization meetings in January 2017, with design team members Peter Fink (the project artist now doing business as Studio Fink, Ltd.), representatives of Buro Happold, and staff counterparts at Caltrans. The goal of these meetings was to reconstitute the team, update timelines and costs, and define working relationships among the team members, their sub-consultants, and with Caltrans and the District. It was determined that Buro Happold, which is licensed to operate in the State of California, will serve as prime contractor for the design team, with London-based Speirs + Major Associates performing as sub-consultant. Studio Fink Ltd., also London-based, will serve as consultant to the District and Buro Happold.
Phase 2, the Project Approval & Environmental Document (PA&ED) includes the design team developing a concept design and drafting a detailed description of the proposed project (Project Report), its proposed methods of implementation on the bridge, and alternatives. The Project Report will be subject to engineering review and approval by Caltrans. The project description and related technical data developed for the Project Report will also serve as the basis for environmental studies and reviews, and preparation of the appropriate environmental document in accordance with the California Environmental Quality Act (CEQA). The District, as the project’s CEQA lead agency, will manage the environmental review and preparation of the environmental document. Cost estimates for services required to complete Phase 2 are shown in the following expense table.
The agreement being brought forward for approval with this agenda sheet is for Buro Happold services to be performed during Phase 2. Phases 3 (Design Development) and Phase 4 (Fabrication and Installation) are planned to begin sequentially after completion of Phase 2, and after additional donated funds have been acquired to cover the estimated costs of Phases 3 and 4. Service agreements for design team participation in the latter two phases will be brought forward for Board approval at a later date, when needed, and as funds become available. Additional funds needed for Phases 3 and 4 are currently estimated to be $6 million to $8 million, an amount that will be secured before commencing Phase 3. Updated and detailed budget estimates for Phases 3 and 4 will be further developed during preparation of the Project Report in Phase 2.
Funding Availability
An active capital fundraising campaign is under way to secure donations for the bridge lighting project. As of November 13, 2017, contributions for this project, including written pledges, total $770,745. These funds are adequate to cover costs associated with the commencement of tasks and achievement of significant milestones under all agreements required for Phase 2, including the attached agreement with Buro Happold, the previously Board-approved agreements with Caltrans and Studio Fink, Ltd., and the task authorization for environmental consultant AECOM. A copy of the proposed Buro Happold agreement is attached to this agenda sheet, and a summary of its contents and key provisions is provided in the following section.
As Phase 2 progresses, it is expected that fundraising efforts will succeed in securing the remaining funds needed to complete Phase 2 before existing project funds are expended. However, the service providers’ agreements have been structured to enable work to be paused should it develop that the remaining funds are not becoming available at a sufficient rate to enable uninterrupted progress in the work.
Summary of Proposed Buro Happold Agreement
Buro Happold is part of the artist-led design team that was selected through an international design competition for the design and implementation of the San Diego-Coronado Bridge Lighting Project. Other team members include artist Peter Fink, now doing business as Studio Fink, Ltd., and architectural lighting designers Speirs + Major Associates (Resolution No. 2010-136).
As team members Studio Fink, Ltd. and Speirs + Major Associates are based in the United Kingdom, it was decided, in discussions between the District and the design team in January 2017, that Buro Happold, with offices in Los Angeles, would take the lead as prime consultant for the District for the management and coordination of the design team’s scope of work and deliverables during Phase 2 of the project. Studio Fink’s continuing participation in the project will be governed by a separate service agreement with the District, which the Board approved on August 8, 2017. Studio Fink Ltd. and Buro Happold will continue to collaborate on the project through a separate Memorandum of Understanding signed by each of these parties. Speirs + Major Associates and the team’s project cost consultant MGAC will serve as sub-consultants on the project, reporting to Buro Happold.
The purpose of the Buro Happold agreement, therefore, is to provide, in collaboration with Studio Fink Ltd., further concept design development, design documentation, and as-needed consulting services for the accomplishment of the Phase 2 scope of work, as well as design team leadership, collaboration, and overall coordination throughout this phase.
The following is a summary of the key services to be provided to the District by Buro Happold under this service agreement during Phase 2:
1. Update, in collaboration with Studio Fink, Ltd., the original bridge lighting concept design submitted during the design team selection process in 2010, as represented in the San Diego-Coronado Bridge Illumination Project Proposal booklet. Prepare a detailed description of the updated concept design that will be based upon the design team’s further research, investigations, studies, field tests, and creative development undertaken under this agreement. The updated concept design should consider and reflect advancements in artistic and architectural LED lighting technology, related computer control systems, and methods of implementation in large-scale applications such as the San Diego-Coronado Bridge. This project description will be prepared in sufficient detail to form the basis for subsequent documentation and reports required by the service provider, the District, and environmental consultants in the PA&ED Phase, the initial phase of which is referred to as the Project Initiation Document (PID) phase.
2. Prepare a draft of the “Project Study Report-Project Development Support” (PSR-PDS) for District approval and submission to Caltrans as the “Draft PSR-PDS,” a document required by Caltrans to gain approval for the project and to program the capital outlay support costs necessary to complete the studies and work needed during the PA&ED phase. The PSR-PDS, when combined with the environmental Initial Study (IS) prepared by the District based upon information presented in the design team’s updated project description, will constitute the PID.
3. Assist the District in responding to Caltrans’ questions, requests for additional information, and/or revisions to the PID documents following their initial submission, so that these documents may be updated and refined as needed to obtain Caltrans’ approval of the PID.
4. Prepare the preliminary draft of the Project Report (PR) document for District approval and submission to Caltrans as the Draft Project Report (DPR). The design team will provide all supporting technical information for the preliminary DPR. It is currently envisioned that the final draft of the DPR report will be prepared by the District, as project sponsor, based on the design team’s technical input and preliminary draft.
5. Assist the District in responding to Caltrans’ requests for additional project-related technical information that may be needed to update and refine the DPR for resubmittal to Caltrans. Assist through additional iterations of the submittal-feedback-response process until a complete and acceptable DPR is obtained. Combined with the Environmental Document (ED), prepared concurrently by the District, the DPR and ED collectively will constitute the Project Report (PR) upon which Caltrans’ approval of the project will be based.
6. Develop and provide sufficient technical information about the project to support the District’s preparation and certification of the Environmental Document (ED), in accordance with CEQA, and assist the District in responding to requests for additional project-related technical information needed to refine and support the ED at incremental steps during the environmental review process until a certifiable ED is completed.
7. Provide updated electrical load requirements for the project based on lighting design technology proposed for the project, and collaborate with the District in determining the most appropriate strategy for providing sustainable energy for these load requirements.
8. Provide draft and final construction cost reports based on concept design information, including preparation of cost comparisons to evaluate alternative designs, materials, and methods of construction and sequence.
9. Prepare scope of work and project requirements for the on-site lighting mock-up to be conducted during Phase 2.
General Counsel’s Comments:
The Office of the General Counsel has reviewed the issues set forth in this agenda and found no legal concerns as presented, and has reviewed and approved the agreement as to form and legality.
Environmental Review:
The proposed Board actions do not constitute an “approval” of a project under the California Environmental Quality Act (CEQA) because the Board’s approval does not constitute a binding commitment to approve, adopt, or fund any of the projects that may result from the proposed agreements. If projects do result from the proposed agreement, the appropriate CEQA review will be conducted before the District approval of the projects. Furthermore, if a project were to result from the proposed agreement, the services outlined under the proposed agreement would allow for further development of technical information and a project description for the purposes of CEQA analysis. No further action under CEQA is required at this time.
In addition, the proposed Board actions allow for the District to administrate its obligations under the Port Act. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed presentation is consistent with the Public Trust Doctrine.
The proposed Board actions do not allow for “development,” as defined in Section 30106 of the California Coastal Act, or “new development,” pursuant to Section 1.a. of the District’s Coastal Development Permit (CDP) Regulations. Therefore, issuance of a Coastal Development Permit or exclusion is not required for the proposed Board action. If development does result from the proposed agreements, the appropriate processing under the District’s Coastal Development Permit Regulations will be conducted before the District approval of the developments.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Yvonne Wise
Director, Waterfront Arts & Activation
Attachment(s):
Attachment A: Service Agreement with Buro Happold Consulting Engineers, Inc.