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AC TRANSIT DISTRICT GM Memo No. 03-104a
Board of Directors
Executive Summary Meeting Date: April 17,2003
Committees:
Executive Committee □ Finance Committee □ External Affairs Committee □ Paratransit Committee □
Operations Committee □ Planning Committee D
Board of Directors X
SUBJECT: AUTHORIZE THE GENERAL MANAGER TO ENTER INTO AN
AGREEMENT WITH THE TRANSBAY JOINT POWERS AUTHORITY
REGARDING THE DESIGN, CONSTRUCTION AND OPERATION OF
THE NEW TRANSPORTATION TERMINAL
RECOMMENDED ACTION: □ Information Only X Recommended Motion
Authorize the General Manager to enter into an agreement with the Transbay Joint
Powers Authority in substantially the form as the attached agreement. The General
Manager is authorized to enter into such modifications, as he deems appropriate and
necessary.
Fiscal Impact:
While a specific dollar amount cannot be assessed at this time, the design, construction
and operation of the new terminal will impact the District's operating budget.
Background/Discussion:
On April 4, 2001, the Joint Powers Agreement, creating the Transbay Joint Power
Authority was formally executed by AC Transit, the Peninsula Corridor Joint Power
Board and the City and County of San Francisco. The purpose of the Authority is to
design, construct, and operate a new terminal at the site of the existing Transbay
Transit Terminal, together with necessary access ramps and parking/staging facilities.
BOARD ACTION: Approved as Recommended [ ] Other [X]
Approved with Modification(s) [ ]
Consensus to continue to June or as soon as Exhibit A of the agreement is available
(7-0-0-0).
The above order was passed and adopted on
April 17,2003.
Rose Martinez, District Secretary
By
GC Memo No. 03-104a
Subject: Authorize the General Manager to Enter into an Agreement with the Transbay
Joint Powers Authority Regarding the Design, Construction and Operation of the New Transportation Terminal
Date: April 17,2003
Page 2 of 3
Section 5 of the Agreement sets forth the powers of the Authority. Subsection 5(o) was
specifically included at the request of AC Transit to ensure that the District had a voice
in the design, construction and the operation of the terminal as it affected AC Transit.
"(o) [The Authority Is authorized to] enter into and approve agreements
and leases with the District to ensure that the design, construction and
operation of a new transportation terminal meet specific performance
criteria designed to maximize the usefulness of the facility for transit
operations and pedestrian circulation without increases in facility rental
costs."
A draft Agreement between the Authority and the District which would address AC
Transit's rights vis-a-vis the design, construction and operation of the new terminal has
been in existence for about two years. No action has been taken to bring it to the Board
because of the requirement that specific design criteria be identified.
Director Harper indicated at the March 6th Board meeting that the Authority was moving
forward with the design of the new terminal and requested that the agreement between
the Authority and the District be brought to the Board for action. The Board concurred
and directed that the agreement be placed on the March 20th agenda.
This item was continued from the March 20th meeting to the April 17th meeting in order to allow staff to meet with representatives of the JPA to work out some of the details of
Exhibit A. To date those discussions still have not occurred. If the content of Exhibit A to
the agreement can be agreed to prior to the Board meeting a revised Exhibit A will be
provided to the Board.
Even in the absence of agreement on Exhibit A, the Board can adopt the motion set
forth in this memo since it authorizes the General Manager to enter into the agreement
with those modifications he deems appropriate. As the Board can see from the Exhibit,
the issues are primarily technical issues, which the General Manager would have the
expertise to handle. If any significant deviation from the issues identified in the
agreement and the Exhibit occurred the Board could direct that those be brought back
to the Board for your consideration.
GC Memo No. 03-104a
Subject: Authorize the General Manager to Enter into an Agreement with the Transbay
Joint Powers Authority Regarding the Design, Construction and Operation of the
New Transportation Terminal
Date: April 17,2003
Page 3 of 3
Prior Relevant Board Actions/Policies:
GC Memo No. 02-294, Presented at November 7, 2002 Board Meeting
Resolution No. 984D, adopted February 15, 2001
Resolution No. 984C, adopted December 14, 2000
Resolution No. 984B, adopted January 27,1999
Resolution No. 984A, adopted October 8, 1997
Resolution No. 984, adopted February 12,1997
Attachments:
Proposed Agreement with exhibit
Approved by: Kenneth C. Scheidig, General Counsel
Prepared by: Kenneth C. Scheidig, General Counsel
Date Prepared: April 9, 2003
AGREEMENT
FOR DESIGN AND CONSTRUCTION AND OPERATION
OF TRANSBAY TRANSIT TERMINAL
The Terminal Joint Powers Authority, a joint powers authority created by the Alameda-
Contra Costa Transit District, the City and County of San Francisco and the Peninsula
Corridor Joint Powers Board - Caltrain ("Authority"), and the Alameda-Contra Costa
Transportation District, a special transit district organized under the California Public
Utilities Code ("AC Transit"), enter into this Agreement on the day of April 2003 to
specify the terms and conditions under which the parties will cooperate in the design,
construction and operation of a new Transbay Terminal in the City and County of San
Francisco.
WHEREAS, Authority intends to develop an intermodal regional transportation
center, together with necessary connecting ramps to the San Francisco-Oakland Bay
Bridge, on the site of the existing Transbay Transit Terminal in the City and County of
San Francisco, and;
WHEREAS, the development requires a multi-year design and construction
process, during which AC Transit operations at the existing Transbay Transit Terminal
must be moved to a temporary terminal site, and;
WHEREAS, the parties agree that the temporary terminal, and the permanent
terminal structure and associated facilities (including access ramps to and from the Bay
Bridge to the new terminal and necessary parking/staging areas), must be designed to
accommodate the operational needs of AC Transit and its riders; and
WHEREAS, the parties agree that well-designed performance criteria can
incorporate necessary transit performance standards while providing for flexibility in
design of both the temporary and permanent terminal facilities; and
WHEREAS, the parties recognize that this is the first in a series of agreements
and/or leases between them and that later agreements/leases will address the
continuing relationship between the parties regarding the use of the new terminal
facility, including limitations on rental increases;
NOW THEREFORE, in consideration of the faithful performance of the
terms, conditions, promises and covenants set forth in this Agreement, the
parties agree as follows:
Agreement for Design and Construction of Transbay Transit Terminal
March 18, 2003 (4:54pm)
A. Term
This Agreement shall become effective upon its execution by authorized
representatives of the parties and shall terminate immediately upon the
commencement by AC Transit of its transbay bus service at the new, permanent
terminal facilities, provided that the lease(s) referenced in Paragraph E are in
effect at that time and address the operational issues associated with AC
Transit's use of the new, permanent terminal facilities.
B. Initial Design Criteria
1. The Design Criteria, attached as Exhibit A, include all the design elements
required for AC Transit to operate effectively and efficiently at the
temporary terminal site and at the permanent terminal building. This
means that the ability of AC Transit to serve its customers and to operate
its transbay service in a manner which continues to ensure that it remains
a reasonable transportation alternative to downtown San Francisco and is
within AC Transit's budgetary limits will not be adversely affected by the
design of either the temporary or permanent design terminal facility.
As used herein, Design Criteria shall consist of specifications and
standards that are quantifiable and definite. Objections to the plans,
drawings, or construction deviations must be based on a tangible violation
of a specific Design Criterion applicable to the terminal facilities and
cannot be speculative, aesthetic, or based on a general sense of the
development project goals and objectives.
2. The temporary terminal, all space allocated to AC Transit within the
permanent terminal, the bus ramps associated with the permanent
terminal and the parking/storage facility and ramps (together the "terminal
facilities") shall be designed and constructed in accordance with the
Design Criteria to facilitate effective and efficient AC Transit operations.
Except as provided in this Agreement, Authority shall not approve any
design changes or construction changes which violate any of the Design
Criterion.
3. The Design Criteria may be amended or supplemented from time to time
by agreement of the parties, and must be amended or reapproved
whenever a change in the facility design or a proposed construction
change would violate the Design Criteria or any approved amendments to
the Design Criteria, as provided herein. Neither party may unilaterally
amend, supplement or delete the Design Criteria or any approved
Agreement for Design and Construction of Transbay Transit Terminal
March 18, 2003 (4:54pm)
Page 2
amendment either directly in writing, or indirectly by changing a design
drawing or approving construction change order.
E. Copies of this Agreement shall be included with any Requests for Proposals
or bid documents issued by the Authority, and referenced in any design
contacts or construction contracts executed by the Authority.
C. Design Document Review Process
1. The Authority and AC Transit each shall designate and authorize one
individual of its choice, and one alternate, to act on its behalf for the
mutual approval of amendments, additions, modifications or deletions to
the Design Criteria or any previously approved changes to them. Notice
to the designated individuals shall be in writing, addressed as provided in
Paragraph F and shall be effective notice to the designating party.
2. The Authority shall prepare all initial designs and preliminary plans for the
terminal facilities to meet the Design Criteria. The Authority shall not
approve any final design development plans, final schematic drawings, or
final construction drawings of the terminal facilities without consulting AC
Transit to determine whether such plans or drawings violate any of the
Design Criterion, or amendments thereto. AC Transit's representative
shall determine if the aforementioned plans and/or drawings are
consistent with the Design Criteria, and any amendments to it, as promptly
as possible under the circumstances so that the development process
may proceed without delay. However, if AC Transit determines that the
aforementioned plans and/or drawings are not consistent with the Design
Criteria, and any amendments to it, the Authority shall be advised as
promptly as possible under the circumstances. No further work on the
plans and /or drawings may proceed until AC Transit is satisfied with the
proposed change or modification.
3. The parties shall meet on a regular basis, and promptly upon the request
of either party, to review the design documents, construction documents
or proposed changes against the Design Criteria. The parties shall also
meet at the following designated intervals during the design process to
review the plans for consistency with the Design Criteria:
As each stage reaches 25%, 50%, 75% and 100% of final design.
Agreement for Design and Construction of Transbay Transit Terminal
March 18, 2003 (4:54pm)
Page 3
D. Construction Review Process
1. Construction of the terminal facilities shall be in accordance with the plans
reviewed and approved by the parties for consistency with the Design
Criteria and may proceed without further consultation under this
Agreement, except as otherwise provided for in this Agreement.
2. Prior to the commencement of construction of the terminal facilities AC
Transit shall review all design and construction plans relating to the
terminal facilities, and may comment on whether a plan or drawing
violates any of the Design Criterion, if AC Transit objects that a plan or
drawing for the terminal facilities violates any of the Design Criteria, the
parties shall meet and either:
a) Change the plan or drawing as necessary to conform to the Design
Criteria; or
b) Change the Design Criteria to accommodate the plan or drawing; or
c) Agree that the objection may be withdrawn.
The Authority shall not approve a terminal facilities plan or drawing or
continue with construction over a Design Criterion objection until the
objection is resolved, although nothing in this Agreement shall prohibit the
Authority from continuing with other portions of the development which are
not affected by the Design Criterion objection while attempting to resolve a
specific Design Criterion objection.
Nothing herein shall preclude AC Transit from raising a Design Criteria
objection at any other time during the construction of the terminal facilities.
3. AC Transit may have a representative present at the site of the work
during the progress of the construction to review the progress of the work
and to keep itself informed of compliance by the contractor with the
Design Criterion. If AC Transit chooses to have an on site representative,
this shall not relieve Authority of its obligations as contained in this
Paragraph D. If AC Transit's on site representative identifies any work,
which is not consistent with the approved design plans and/or drawings,
he/she shall notify the Authority's representative identified in Paragraph F
of this fact and the Authority shall comply with the provisions of
Subparagraph D.6.
4. Authority shall promptly provide written notice to AC Transit's
representative identified in Paragraph F, or his/her alternate, of any
construction proposals, which substantially deviate from the approved
Agreement for Design and Construction of Transbay Transit Terminal
March 18, 2003 (4:54pm)
Page 4
construction drawings for the terminal facilities before any work in the
affected area proceeds. A deviation shall be regarded as "substantial" if
Authority's engineers, or AC Transit's representative, reasonably believe
that the deviation violates the Design Criteria for the terminal facilities.
Upon receipt of the written notice AC Transit shall respond promptly,
based on the circumstances, to all requests for consultation on unplanned
construction problems.
5. The Authority shall not approve any substantial deviations from approved
construction drawings without written agreement of AC Transit. If the
parties agree to the unplanned deviation to the terminal facilities' plans
because of an amendment to the Design Criteria, the amendment shall be
expeditiously reduced to writing and added to Exhibit A.
6. Regardless of the existence of an on-site AC Transit representative, the
parties shall meet on a regular basis, and promptly upon the request of
either party, to review the design documents, construction documents or
proposed changes against the Design Criteria. The parties shall also
meet at the following designated intervals during the construction process
to review the plans for consistency with the Design Criteria:
As each stage reaches 25%, 50%, 75% and 100% of construction.
E. Operation of the Terminal Facilities
Prior to the completion of the terminal facilities and its availability for use
by the parties, Authority and AC Transit shall enter into one or more
leases which will provide for the use of the facilities at a rental rate
commensurate with the rental rate AC Transit pays for use of the existing
Transbay Transit Terminal. In addition, the lease agreement shall provide
a mechanism for the approval by AC Transit of any modifications,
alternations, changes or improvements to the terminal facilities which
affect or impact the use, efficiency, effectiveness or delivery of AC
Transit's transbay service to the terminal facilities.
F. Identification of Representatives and Notice
The representatives and alternates for the Authority and AC Transit are
set forth below. All notices required by this Agreement shall be given to
each representative and alternate by any of the following means: in writing
hand delivered to the individual, by facsimile, by e-mail or any combination
of the forms of notice. It is the responsibility of the party providing the
notice to ensure that the notice has been given and received. Nothing
Agreement for Design and Construction of Transbay Transit Terminal
March 18, 2003 (4:54pm)
Page 5
herein shall prevent the parties from contacting each other by telephone to
confirm the receipt of a notice provided by other electronic or manual
means as provided above.
FOR THE DISTRICT
Anthony Bruzzone
Special Projects Manager
Alameda-Contra Costa Transit District
1600 Franklin Street
Oakland, CA 94612
Alternate:
FOR THE TRANSBAY JPA
Maria Ayerdi
Executive Director
Transbay Joint Powers Authority
1 Dr. Carlton B. Goodlett Place, Room
448 San Francisco, California 94102
Alternate:
G. Miscellaneous
1. This Agreement has been entered into in the State of California and shall
be interpreted in accordance with the laws of the State of California.
2. The waiver by either party to any deviation of this Agreement shall not
constitute a waiver of compliance with the terms of this Agreement or prevent
any party from seeking appropriate legal proceedings to enforce the terms
of this Agreement.
3. The parties represent that the individuals whose signatures appear at the
end of this document as signatories are authorized by their respective
agencies to enter into this Agreement on behalf and to bind their agencies to
the terms of this Agreement.
Agreement for Design and Construction of Transbay Transit Terminal
March 18, 2003 (4:54pm)
Page 6
THIS AGREEMENT is executed by the parties below as of the day and date
identified at the beginning of this Agreement.
FOR THE DISTRICT FOR THE TRANSBAY JPA
Agreement for Design and Construction of Transbay Transit Terminal
March 18, 2003 (4:54pm)
Page 7
Exhibit A
Design Criteria
Transbay Transit Terminal and Associated Ramps
The following elements are the minimum required to allow for efficient bus operations at the Transbay Transit Terminal:
General Requirements
Turning Radius -The minimum inside turning radius shall be 28 feet, and the minimum
outside turning radius shall be 60 feet.
Heights - The minimum clearance shall accommodate a vehicle of not less than 14 feet in height.
Widths - The minimum clearance shall accommodate a vehicle of not less than 102
inches.
Ramp System
Minimum Width - All ramps shall be at least 20 feet wide, provided that in a constrained
location on a downslope of more than 3 percent, a 15 foot wide ramp shall be
acceptable.
Maximum Grade - No ramps shall exceed a 5 percent grade. In constrained locations
an upslope ramp of 8 percent is acceptable for not more than 500 feet, and a downslope
ramp of 10 percent is acceptable for not more than 500 feet; provided buses do not
"bottom-out."
Terminal Chute - Immediately outside the terminal structure and on the ramp structure,
a staging area for not less than ten 45 foot buses shall be provided. Within this staging
area a minimum width of 15 feet and a minimum length of 45 feet shall be provided for
each bus. Independent movement within the staging area is not required.
Storage
Minimum Storage - The storage facilities and ramp structures shall, in total,
accommodate not less than 70 buses for storage not to exceed 12 hours.
Storage Arrangement -Within the storage facility, the design shall allow for independent
movement unless a tandem parking pattern is used. Should a tandem pattern be used,
it will be limited to two buses in any one stall.
Staging Operation with Storage Facility - Within the storage facility, the design shall
provide a dedicated queuing area for not less than nine 45 foot buses, from which transit
operating personnel could dispatch buses into the terminal.
April 10, 2003
Access from Bay Bridge - Access from the San Francisco-Oakland Bay Bridge into the
bus storage facility shall not require circulation through the Terminal Building or on city
streets.
Operator Rest Facilities -Within the storage facility, a dedicated operator lounge, rest
room facilities, and dispatching office shall be provided.
Terminal Building
Bus Stops -Within the Terminal Building, AC Transit shall be allocated not fewer than
26 85 foot bus boarding locations and four 60 foot bus boarding locations. These
locations shall total not less than 1,200 linear feet of bus platform on each side of a
center platform facility (total of 2,400 linear feet of bus platform). The design shall allow
for more bus boarding locations for smaller buses, up to a total of 26 locations on each
side of the center platform, within the 2,400 linear feet. The platform have an eight inch
height relative to the roadway level. AC Transit reserves the right to cooperatively work
with the Authority and its staff and consultants on the actual operation of bus facilities,
including a provision for a dedicated passenger drop-off only location.
Bus Operations - Buses shall operate clockwise around a center passenger boarding
platform, with a direct, grade-separated connection to and from the San Francisco-
Oakland Bay Bridge. Within the terminal structure, buses shall be provided not less than
two travel lanes plus the boarding lane.
Transit Supervision - A bus operations supervision office shall be provided where the
bus ramps enter the terminal building, and an additional booth and operator restroom
shall be located on the bus passenger platform.
Passenger Facilities - The passenger center platform shall be a minimum of 50 feet
wide, enclosed, naturally light, climate controlled, and physically separated from bus
traffic. Automatic doors shall be provided to allow access from the passenger platform
to the front, middle, and rear doors of the buses; these doors shall be designed to
relocate should AC Transit decide to change the length, number and location of bus
boarding zones. Restroom may be located on the concourse level, one level below,
according to applicable law and regulations. The design of the passenger facility shall
provide for designating the bus platform a "paid" area, either through the provision of a
proof-of-payment system or through controlled entry on the concourse level. Ticketing
facilities shall be provided on the concourse level, both for a manned ticket office and for
ticket vending machines.
Internal Circulation - The vertical circulation system of stairs, escalators and elevators
shall be designed to move not less than 18,000 passengers in a one hour period.
Passenger Information -The facility design shall provide for remotely operated
changeable message signs at each potential door location of the bus platform.
Security - Column spacing, lighting and policing offices, facilities and equipment shall be
incorporated into the design of the passenger bus platform to ensure a safe and secure
environment.
April 10, 2003
