TriMet Capital Projects Portland-Milwaukie Light Rail Transit Project Portland Streetcar Loop Next Projects

FTA Quarterly Review Meeting November 6, 2013

Draft AGENDA FTA Quarterly Review Meeting TriMet Harrison Square Office Columbia Conference room November 6, 2013

8:30am GENERAL INFORMATION Blocher • Date of next quarterly meeting • FTA introductory remarks • TriMet agency update • State Safety Oversight Agency comments • Vintage Trolley transfer to St. Louis • FRA related issues o WES PTC

9:00am PORTLAND–MILWAUKIE LIGHT RAIL TRANSIT Barnard

Safety

Scope/Issues Update • West segment • Bridge • East segment • Systems • Vehicles • Ruby Jct. Maintenance Facility • Real property • Park Avenue Park and Ride • Moving together

Schedule

Budget • Budget Overview • Change Order review • Contingency review

Quality

Permits and Agreements

Rail Activation/Start Up

10:30 BREAK

10:45am PORTLAND STREETCAR LOOP MacNichol, Gustafson • Status

11:00am NEXT PROJECTS DISCUSSION Gertler/Lehto • Southwest corridor • Powell Division • Other

12:00pm ADJOURN PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

Vintage Trolley Transfer

Status Report

⇒ Term sheet prepared and circulated for signature by Loop Trolley Transportation Development District, TriMet and Vintage Trolley, Inc. Signatures expected by the end of October.

Next Steps:

⇒ TriMet to retain ownership and store two vintage trolley vehicles until shipped to Loop Trolley, expected by September 2014. Loop Trolley pays shipping costs.

⇒ Loop Trolley pays Vintage Trolley $80,000 when vehicles are used for testing on the Loop Trolley system

⇒ Determine market value of trolleys; federal interest expires when market value is less than $5,000. The useful life of vehicles is 25 years; vehicles were placed in service in November 1991 (22 years ago).

⇒ Execute agreements referenced in the term sheet: • Between TriMet and Loop Trolley covering transfer of vehicles from TriMet to Loop Trolley • Between Loop Trolley and Vintage Trolley covering transfer option (Vintage Trolley receives one-time right to acquire vehicles from Loop Trolley)

GENERAL INFORMATION

FRA Related Issues

PMLRT Status Report:

⇒ Received Joint Emergency Preparedness Plan from UTA Frontrunner/UPRR, including emergency communications protocol similar to TriMet’s proposed concept.

⇒ Reviewed draft of TriMet SOPs with UP.

Next Steps:

⇒ Prepare revised draft of TriMet/UPRR Communication SOPs and review with FRA.

WES PTC Status Report

⇒ PNWR/TriMet received FRA Type Approval of our proposed PTC Development Plan on April 15.

⇒ Completed draft technical specifications, working on RFP for Systems Integrator.

⇒ Close cooperation with SMART resulted in conceptual resolution of operational issue related to approach of failed grade crossings under investigation.

Next Steps:

⇒ Issue RFP for Systems in November

1 PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

Safety

Status Report

⇒ Construction Safety Standings: Reporting period ending in August 2013

SAFETY OCIP 10

9

8

7

6

5 Rate

4

3

2

1

0 PMLR-W PMLR-B PMLR-E PMLR-R PMLR-S PMLR-Avg

Recordable Incident Rate (RIR) Lost Time Incident (LTI) OR State Average

Data Date May2013

KEY PMLR-W West Segment PMLR-R Ruby Junction PMLR-B Bridge PMLR-S Systems PMLR E East Segment PMLR Avg Project Wide State… Oregon Statewide average for Heavy Construction

⇒ Safety Certification

• Design Safety Cert Status: West 78%, Bridge 88%, East 99%, Ruby Jct 100%, Systems 78%

Next Steps:

⇒ Continue working with all segment contractors to improve safety performance.

2 PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

West Segment

Status Report:

⇒ Permits • Systems Building permits submitted and under review at the City of Portland.

⇒ Construction (CM/GC Contract) • Lincoln station shelter structure installed, unit paver installation ongoing. • Turn over of segment A1 (Fifth to Naito) to systems contractor on Oct 1. • Turn over of segment A2 (Harbor Structure) to systems contractor on Nov 4. • Moody closure for special track work installation complete. • Sig/Com and TPSS buildings to begin this Fall.

Next Steps:

⇒ Continue construction activities under FFGA authority.

• Continue work segment A3 (Moody to WRTB) to meet turn over April 1, 2014. • Continue work on Lincoln Platform for Systems turn over December 1, 2013.

⇒ Complete work on Harbor Structure to accommodate Systems Contractor mobilization on November 4, 2013.

3 PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

Portland-Milwaukie Light Rail Bridge

Status Report:

⇒ Design • Approximately 96% complete with all design. Final design of handrails, aesthetic lighting and expansion joint detailing remain.

• DB Team has implemented a revision to their mid-span closure design, changing from precast edge girders to cast in place.

⇒ Construction • Landside East: Columns and cross beam are complete at abutment 6 and columns at bent 5 are complete.

• Tower 4: Work has progressed to the 10th pair of segments.

• Tower 3: Work has progressed to the 15th pair of segments.

• Landside West: Span 1 deck concrete placed in three stages.

• CPM schedule as of October 1, 2013 shows work is on schedule to meet the 22AUG14 Substantial Completion date. Progress on segmental work has been sufficient to meet overall completion schedule.

Next Steps:

⇒ Continue segmental superstructure construction with form travelers from Towers 3 and 4

⇒ Install falsework & formwork for Span 5 October – November 2013

⇒ Place Concrete at Span 5 Edge Girders and Floor Beams December 2013

⇒ Place Concrete at Span 5 Deck January 2014

⇒ Construction of Mid-Span closure May 2014

4 PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

East Segment

Status Report:

⇒ Permits • System Building permits approved by City of Portland, with required deferred submittals under review for building trusses.

⇒ Construction • Utility Relocations o Storm and water line relocations in progress in Milwaukie o Joint utility trench relocation activities continue in Milwaukie • Structures o Powell Structures – Roadway structure reopened to traffic August 30; track construction in progress on LRT structure o Tacoma Structure – superstructure finishes and approach walls in progress o Tillamook Structure – Deck complete for spans 5-7; post-tensioning in progress; Span 4 girders delivered October 4 o Kellogg Structure – Frame A tub girders set in July. Frame B girders placed during McLoughlin vehicle shutdown in August. • Civil th o SE 17 Avenue roadway east expansion completed; west roadway expansion in progress o Excavation and subgrade prep in progress along multiple headings o Gabion wall construction continues south of River Rd • Track-Guideway th o Guideway construction on 17 Avenue in progress toward systems turnovers. o Milwaukie track and road construction completed at Washington, Harrison and Monroe streets. o Completed combined UPRR and SWI construction activities for SE Portland rail crossings at SE 8th/9th, and SE 11th/12th in August.

Remaining Risks:

⇒ Systems building turnover dates a risk due to longer permitting and fabrication durations. ⇒ Additional contaminated media disposal costs anticipated due to greater volume of material than originally estimated.

Next Steps:

⇒ Finalize milestone revisions for track and systems buildings based on result of collaborative effort with all contracts.

5

PORTLAND –MILWAUKIE LIGHT RAIL TRANSIT

Systems Contract

Status Report:

• West Segment from SW5th to SW Naito turned over to Systems contractor.

• Communications: Final Design (FD) is in progress.

• Signals: Safe Distance Braking report has been approved. Signal Control Lines, RR crossings, and Circuits for signal houses north of Harold Street have been approved. Circuit design south of Harold and grade crossing approach circuits under review

• Overhead Catenary System (OCS): The 100% OCS components submittals are approved. Approximatly 40% of OCS Components have been delivered to the OCS Installer.

• Substations: Product Data sheets for all components have been approved, including the Energy Storage System (ESS). The Typical Substation drawing package has been approved with comments.

• Design Safety Certification completion status: OCS-95%, TPS 90%, Signals 75%, Communications 50%

Next Steps:

⇒ Contractor to complete submitting Technical Submittals for TriMet’s Review. ⇒ Weekly Signals and Communications Technical Conference calls to continue. ⇒ Bi-weekly OCS and Substation meetings or Conference calls.

6 PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

Vehicles

Status Report:

⇒ Design Status

• 90% of the vehicle systems have reached the final design stage.

⇒ Schedule • Manufacturing of the first vehicle began in August of 2013 with delivery scheduled in early July 2014. • The current schedule is on time to ensure vehicle availability for PMLR startup support and opening.

Next Steps: ⇒ Completion of Final Design Review (FDR) of vehicles systems, followed by First Article Inspections (FAI)

7 PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

Ruby Junction Expansion – Phase I

Status Report:

⇒ Permits • Coordinating with City of Gresham for obtaining the Temporary Occupancy Permit once Commissioning of the new Wash Bay enclosure is complete. • Making preparations to perform the rail crossing inspections, required by the ODOT Crossing Orders for the north and south grade crossings, once construction is complete.

⇒ Construction • The emphasis is on delivering Milestone #2 in mid November 2013; completion of the new Wash Bay and Grade Crossings:

Remaining Risks:

⇒ Milestone #4 • Closely monitoring construction completion of the Maintenance Shop expansion to ensure it accommodates the arrival of the new LRV’s.

Next Steps:

⇒ Complete delivery of Milestone #2 – Wash Bay and Grade Crossings. ⇒ Commence work connected with Milestone #3 – Relocate Sand Silo and complete demolition of the existing Wash Bay structure.

8 PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

Real Property

Overview:

June Sept % Acquisition Type Files Files of Total

Full 55 55 25% Partial 90 91 42% Permanent easement 17 18 9% Temporary construction easement 51 52 24%

Total Files 213 216 100%

Activity Appraisals underway 23 12 5%

Appraisals complete 190 204 95%

In acquisition 48 43 20% Properties in TriMet’s possession 161 176 81%

Relocations 122

Relocations completed 112 120 98% Demolition or reconstruction 63 Demolition completed 61 61 97%

Property area acquired to date

⇒ Approximately 5.74 million square feet of property required • 5.67 million square feet have been acquired, amounting to 98.7% • 76,205 square feet remain, amounting to 1.3%

9 PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

Real Property

Right of Way Status by Square Footage Available for Construction September 30, 2013 3,500,000

3,000,000

2,500,000

2,000,000

1,500,000

1,000,000

500,000

0 2010 2011 2012 2013 Square Footage Remaining 0 0 0 76,205 Square Footage Available 21,336 1,434,883 3,295,844 914,655

Next Steps ⇒ Acquire temporary construction easements and other easements necessary for off-alignment civil improvements in Clackamas County. ⇒ Continue efforts to settle six acquisitions progressing through condemnation process. Only one (Roberti) has a value of more than $2 million. Settlement conference scheduled for Oct 11. The rest have value of less than $50,000. ⇒ Relocation claims will continue for next 9 months. ⇒ Ramp up TOD activity.

10 PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

Park Avenue Park & Ride

Status Report:

• Contract executed. Kick off meeting held June 11, 2013.

• 95% design documents were completed on September 25

• Land Use Application submitted August 30, deemed complete.

• Building permits submitted on October 4

• Construction begins January 17, 2014.

Next Steps:

• Private utility relocations begin November 4 • Design Review/Land Use Hearing November 7 • Final Design submittal due November 2013

11 PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

Moving Together / Center Street Remodel

Status Report:

⇒ Moving Together • Command and Control Center facility will be completed in April 2014. Center to be cut over to Operations in July 2014.

• First Floor will be re-occupied in May

⇒ Center Street • Mechanical, electrical and plumbing being finalized on floors 2-4. Framing and drywall is being completed.

• Window systems are being installed

• First floor vacated (Non-Grant) o Bus report and business offices on first floor moved to seven-plex modular buildings at Center Street

• Parking lot E on former UPRR property has been paved and opened. Parking lot B and C located west of SE 17th have been closed and are being upgraded. These will re-open in February 2014

• Contractor achieving 25% DBE participation

• Strict division between grant and general fund areas of responsibility

⇒ Central Maintenance Facility • No longer proposing to use Roberti site due to land use concerns. Seeking alternative location to house facility management staff

Next Steps:

Award Modification #5 - First floor bus report and lobby area Dec 15 Central Maintenance Facility TBD

12 PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

Schedule

Critical Path:

⇒ Critical path runs through PMLR Bridge construction; East segment Kellogg Bridge construction, track installation and construction of Park Avenue Platform; civil turnover for access to Systems for OCS, Signals, and Communications installation and testing; project wide integrated testing, bus and rail operator training, simulated revenue operations, and project opening.

Calendar Percent Complete

⇒ PMLRT Project total calendar time planned is 78 months. 54 of 78 months have been expended through September 30, 2013 for a total of 69% calendar percent complete.

⇒ Construction calendar percent complete: 35% complete based on a start of July 1, 2011 with bridge in-water work and completion by opening day in September 2015. A total 27 of 51 months have been expended.

⇒ 24 months to Grand Opening Day – September 12, 2015

Schedule Pressures

⇒ East segment completion and turnover of trackway to Systems forecast continues to be late in two (2) major work areas: Kellogg Overcrossing through Park Avenue Station and the area between SE McLoughlin through Bybee/Tacoma station areas. The project team has worked together focusing efforts to complete work and provide Systems with track access in other areas to help mitigate delays.

⇒ Completion of signals/communication and traction power systems buildings and turnover for equipment installation is delayed because of design changes to the building trusses. First buildings to be turned over will be Moody Sig/Com & TPSS in the West and OMSI Sig/Com and Grand TPSS in the East. .

Next Steps:

⇒ Track access meetings for Civil-Systems coordination are held monthly to review progress and develop early area turnovers to offset late progress in other areas.

13 Activity Activity %gr Early Early 2009 2010 2011 2012 2013 2014 2015 ID Description gu Start Finish PortlandMilwaukie Light Rail Project GEK0035 Approval to Begin FEIS / Enter PE 30MAR09A Approval to Begin FEIS / Enter PE GEK0040 Preliminary Engineering 30MAR09A 05MAR10A Preliminary Engineering GEK0045 FEIS Period 30MAR09A 13JUL10A FEIS Period GEK0056 NOAA Review BA & Issue Biological Opinion 16OCT09A 23JUN10A NOAA Review BA & Issue Biological Opinion PE 025 Extended PE Phase 08MAR10A 29MAR11A Extended PE Phase FG 0122 FTA Rvw PE Materials to Enter FD (Cal days) 01APR10A 17MAR11A FTA Rvw PE Materials to Enter FD (Cal days) PE 0060 FTA Review / Approve to Publish FEIS 29JUN10A 13JUL10A FTA Review / Approve to Publish FEIS GEK0125 Revise Finance Plan, Update & Publish FEIS 29JUL10A 22OCT10A Revise Finance Plan, Update & Publish FEIS PE 0068 FEIS Published 22OCT10A FEIS Published PE 0070 FEIS Circulation Period 22OCT10A 22NOV10A FEIS Circulation Period GEK0050 Record of Decision (ROD) 29NOV10A Record of Decision (ROD) GEK0109 LONP Rec'd for WRB D/B 07DEC10A LONP Rec'd for WRB D/B GEK0070 Approval to Begin Final Design 29MAR11A Approval to Begin Final Design FD 0005 Final Design Period 30MAR11A 14MAY12A Final Design Period GEK0110 Approved Advanced Work prior to FFGA 22APR11A 22MAY12A Approved Advanced Work prior to FFGA GEK0075 Prepare FFGA Application 02MAY11A 19AUG11A Prepare FFGA Application GEK0060 Submit 60% Final Design (East & West) 10JUN11A Submit 60% Final Design (East & West) GEK080 FTA/PMO Review FFGA Application 01JUL11A 19MAR12A FTA/PMO Review FFGA Application GEK0100 Willamette Overcrossing Construction 01JUL11A 20AUG14 Willamette Overcrossing Construction FG 0140 Submit Draft FFGA Application 01JUL11A Submit Draft FFGA Application GEK0065 Receive 60% Cost Estimate 18JUL11A Receive 60% Cost Estimate FDBL0105 FTA LONP #3 Draft Submit/Rvw for Structures 28JUL11A 25OCT11A FTA LONP #3 Draft Submit/Rvw for Structures GEK0105 Major Civil/Track Construction (East & West) 04NOV11A 03DEC14 Major Civil/Track Construction (East & West) GEK0090 Submit 90% Final Design East & West 28NOV11A Submit 90% Final Design East & West GEK 0102 West Seg Adv Utility & Harbor Structure Constr 30NOV11A 09APR13A West Seg Adv Utility & Harbor Structure Constr GEK0093 Receive CMGC 90% Cost Estimates 17JAN12A Receive CMGC 90% Cost Estimates GEK 0103 East OMSI to Tacoma Adv Util & Structures Constr 05MAR12A 13DEC13 East OMSI to Tacoma Adv Util & Structures Constr GEK0095 IFC Documents Compl (West Seg & East Advanced) 26MAR12A IFC Documents Compl (West Seg & East Advanced) LRV 199 Procurement of 18 LRVs 19APR12A 31JUL15 Procurement of 18 LRVs GEK 0104 East Tacoma to Park Adv Util/Structures Constr 14MAY12A 02DEC14 East Tacoma to Park Adv Util/Structures Constr GEK0096 IFC Documents Compl (East TCP) 14MAY12A IFC Documents Compl (East TCP) GEK0209 Signed Full Funding Grant Agreement 22MAY12A Signed Full Funding Grant Agreement FDS0103 Issue Systems IFC Dwgs & Specs 01JUN12A Issue Systems IFC Dwgs & Specs SYCS0055 Systems Proc Equip through Integrated Testing 02OCT12A 01JUN15 Systems Proc Equip through Integrated Testing OP 0005 Ruby Junction Facility Expansion - Ph 1 11FEB13A 20NOV14 Ruby Junction Facility Expansion - Ph 1 SYCS0060 Systems Installation through Integrated Testing 14JAN14 01JUN15 Systems Installation through Integrated Testing SI 0015 Systems Integrated Testing Period 22JAN15 01JUN15 Systems Integrated Testing Period SU 0070 Training / Simulated Revenue / Project Complete 02JUN15 11SEP15 Training / Simulated Revenue / Project Complete ST 0100 PMLR Ready for Revenue Service 12SEP15 PMLR Ready for Revenue Service

2009 2010 2011 2012 2013 2014 2015

Start Date 02OCT06 P309 Sheet 1 of 1 Early Bar D R A F T Statused through September 30, 2013 Finish Date 12SEP16 Progress Bar Data Date 30SEP13 PortlandMilwaukie Light Rail Project Date Revision Checked Approved Critical Activity Summary Schedule © Primavera Systems, Inc. 14 Portland Milwaukie LRT Project - D R A F T - Summary Timeline Draft Revision: October 2013 2009 2010 2011 2012 2013 2014 2015 JFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASOND ROD Preliminary Engineering Final Design Period

PE / FEIS FEIS FD 60% 90% IFC - West & East 15% 25% 30% Published Approval Civil Final Design Structures/Track Extended PE Final Design IFC - IFC - East Systems Systems Design, Furnish, Systems Design & Furnish InstallBid/Award XXXXXXXX Systems Installation & Testing WRB TPSS & Sig-Com Equipment Delivery LONP / FFGA FFGA-May 22 LONP3-Bridge, East/West Early Structures 1st Rail Advertise/Award Rail Packages OWNER FURNISHED Delivery Irrigation & Landscape installation by East & West CMGC MATERIALS Adv/Award Trees Available for Planting Trees Bid/Award Transit Amenities 1st Shelter/S&G Pkg Delivery of all furnishings & Delivery @ Lincoln Shop Dwg, Manufr, Deliver Shelters and amenities complete XXXX S&G Right of Way Acquisition of Priority Parcels needed for Civil/Track construction ROWA All Remaining acquisitions/closeout CONSTRUCTION West Segment West Segment - PSU to South Waterfront - Civil Construction Period West Segment Final Design B/A PSU to South Waterfront XXXXXXX Design 100/IFC Systems Installation & Testing

60% 90% Private Utility Relocations PGE pull wire over WRTB from OMSI to Moody may be in 2016 Advanced Utility Relocations West IFC Adv Util CMGC - Stacy Witbeck/Mowat SoWaterfront Sta Area Ground improvements End of surcharge period Segment Moody LRT/PSC Xing JV team. CMGC B/A Construct HARBOR STRUCTURE including track, barrier rail, stand pipe, etc. IFC XXX Bridge Foundations All girders placed Ground Civil, Track & Station Construction, Signage/Graphics, Amenities improvements WEST SEGMENT Systems Installation & Local Testing Integrated Testing Safety Cert

Willamette River Willamette River Bridge - Civil Construction Period Systems Installation & Low Bid Pylon Found RFQ Approach Pier/Abutment IFC Testing Bridge Exemption IFC Found IFC Superstructure IFC East Walls / Hand Rails / Special Track / Signing & Striping IFC RFP Design Remove Tower 3 & 4 Coffer & Work Bridges Substructure IFC Mobization / Cofferdams Design/Build - Kiewit Infrastructure Construct East Bank Span 6 (Bent 5, Abt 6) / Work Trestles Ty Lin (design subconsultant) Submittal of JPA 401/404 permit Tower 3 Foundation & Pylon Tower Constr Closure pour @ Bt 5 application to approval for in-water work Tower 3 Pier Table, Superstructure Deck Sections & Cable Stays

Tower 4 Foundation & Pylon Tower Constr RIDGE Midspan Closure Pour (Center) BB Tower 4 Pier Table, Superstructure Deck Sections & Cable Stays

Bridge Barrier, Handrail, Fire Standpipe, Lighting, & Trackway Integrated Systems Installation Ground West Testing/Safety Improvements Abutment Construct West Bank Span 1 (Bent 2, Abt 1) Closure pour @ Bt 2 Cert Abut#1 Drilled Shafts East Segment East Segment East Segment - OMSI to Park - Civil Construction Period Final Design B/A Design OMSI to Park Avenue XXXXXXXXXX Systems Installation & Testing 60% 90% 100/IFC Private Utility Relocations PGE Install 115kv from Harrison Subst to PMLR Bridge Low Bid Advanced Utility Construction Exemption Tacoma Park & Ride CMGC - Stacy Witbeck STRUCTURES (Powell / 17th Ave., Harold, Johnson Creek, Tacoma, Crystal Springs) East Segment CMGC B/A 2012 Kellogg In-Water Work Window SE 17th Adv Utility & Civil Track Constr

Freight Rail Relocations, Tillamook Branch & Kellogg Branch Structures SEGMENT

XXXXXXXX LRT Track Crossings EAST LRT Track Construction OMSI to Park Civil, Track & Station Construction, Signage/Graphics, Amenities Systems Installation & Local Testing InstallItllFOtCtSt FO to Center St IItntegrat tdTed Tes ting for OCC SafetyCert Low Bid Bid/Award Park Ave Exemption Design/Build PARK Avenue Park & Ride (Design / Build) Park Ave Garage Substantially Complete Approved Park & Rides XXXXXX 50 & 90% Dsg 100% IFC Comm rm ready for Sys 8/1/14 Park Ave Garage Final Compl Comm Room Inst Park Ave Structured P/R Early Work Cutover to Central Control Room new CCS Space Ready @ Center Install & Test Determine CCS Program Requirements CCS Network & Equip Install 4th Fl Center St Street - May 2014 AIM OCC Move from Ruby Center Street 4th to Center Central Control Center Floor Construction Operations Command (Operations Command Center) Upgrade AIM Hardware & Center Construction

Software Prepare PMLR AIM Changes Ops Facility Final Design IFC Operations Facility Expansion at Ruby Jct Ph1 Ops Facility Ops Fac Operator Training Final Design B/A XXXX Full access to New Wash Facility Operations Facility Expansion B / A Maintenance Simulated Rev 60% 90% site for constr Operational XXXXX Shop Expansion (Ruby Jct) Operational Bypass track Contractual all Start production of installed Vehicles On-Site no 18th LRV Bid / Award Vehicle later than June Design for Type 5 LRVs carshells Shipped to Vehicle Procurement Contract NTP1 NTP2 Manufacture / Deliver 18 LRVs 1st LRV Shipped to Site 2015 Open Sept Siemens Transportation Systems XXXXXXXX 2015

15 PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

Budget Status

Status Report September 30, 2013:

Cost o Committed ...... $1,173,126,286 o Incurred ...... $781,297,866

Detail

o Preliminary Engineering ...... $ 34.462 million o Construction ...... $ 329.035 million o ROW ...... $ 226.337 million o FD,NEPA approval* ...... $ 191.463 million o Total ...... $781.297 million

16

PORTLAND –MILWAUKIE LIGHT RAIL TRANSIT

Change Order Summary

Status Report:

• Change order Summary by Contract PMLR Summary Status 9/30/2013 Change Order Allowance Contract Value Allocated Spent Remaining OUS / Harbor Structure $10,000,000 $164,781 $161,178 $3,604 West Segment $77,460,080 $2,190,029 $1,307,621 $882,408 East Segment $261,075,571 $10,584,580 $1,041,651 $9,542,929 Bridge Segment $118,099,446 $9,765,000 $5,890,515 $3,874,485 Park Ave Park n Ride $12,200,000 $950,000 $0 $950,000 Systems $47,781,620 $9,018,366 $212,587 $8,805,779 Track Procurement $16,192,660 $1,301,000 $795,861 $505,139 Ruby Junction $15,774,915 $1,600,000 $426,788 $1,173,213 Shelters/signage $3,085,532 $308,532 $60,959 $247,573 Vehicles $75,268,739 $6,400,000 $3,499,009 $2,900,991 Center St remodel $1,756,811 $3,040,590 $228,730 $2,811,860 Total $638,695,374 $45,322,878 $13,624,898 $31,697,980

⇒ 70% of the allocated contingency for construction change orders remains, amounting to $31.67M. ⇒ Current potential change orders amount to $10.9M. ⇒ 30% of allocated change order allowance has been consumed, potential changes amounts to 34% of allocated change order allowance. Thus 36% of allocated change order allowance remains un-programmed.

• Changes Greater than $100,000 (July 1, 2013 to September 30, 2013)

Executed Change Orders Greater than $100,000 this quarter Contract Description Value West Segment Systems Building Foundations $211,457 West Segment District Energy Casings $127,940 West Segment LED lights for shelters $137,991 East Segment Reedway Water Main protection structure $259,450 East Segment Crystal Crk. Culvert Mods & MSE Wall $132,660 Bridge segment Rail Expansion Joints $741,100 Ruby Junction Trackway subgrade stabilization $114,750 Total $1,725,348

17 PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

Contingency Review

Status Report September 30, 2013:

Allocated to Expended to Amount % Allocated Date Date Remaining Remaining Change Order Allowances $45,322,878 $13,650,188 $31,672,691 69.88% Risk Tables $25,075,000 $17,266,540 $7,808,460 31.14% Owners Reserve $15,125,000 $0 $15,125,000 100.00% Subtotal Allocated $70,397,878 $30,916,728 $54,606,151 77.57% Unallocated $48,316,952 Total Available $102,923,103

Contingency Management Plan • Within planned drawdown Risk and Contingency Management Plan Milestones. • 60%of the original FFGA contingency amount of $170.18M remains.

Contingency Status 9/30/2013

$50,000,000

$40,000,000

$30,000,000

$20,000,000

$10,000,000

$0 Owner's ROW Final Design Bid - Market Risk Table Construction Claims Reserve Pressures Committed Contingency $38,815,064 $8,204,539 $8,334,853 $17,266,540 $13,650,188 $0 $0 Potential Changes $10,875,752 Allocated Contingency $0 $0 $0 $7,808,460 $20,796,939 $0 $15,125,000 Unallocated Contingency $0 $0 $0 $0 $8,455,739 $18,275,104 $21,586,109

Contingency Update • Unallocated contingency from Final Design, Bid Market, and Risk Tables moved into Owners Reserve unallocated contingency.

18 Portland - Milwaukie Light Rail Project Contingency Management $300,000,000

$250,000,000 Available Contingency September 30, 2013 $200,000,000

$150,000,000

(YOE) (YOE) $100,000,000 $102,923,103

Contingency Amounts Amounts Contingency $50,000,000

$0 100% IFC 25% 50% 75% 90% Revenue Entry into FD FFGA-40% Bid Close out Drawings Construction Construction Construction Construction Operations 1/1/2011 3/31/2012 12/31/2015 1/31/2012 6/30/2012 5/31/2013 1/31/2014 8/30/2014 9/12/2015 TriMet Contingency Drawdown (Allocated + Unallocated) $297,291,645 $225,091,806 $169,003,269 $145,996,585 $114,737,116 $91,236,130 $83,235,736 $31,748,650 $7,084,935 TriMet Contingency Drawdown (Unallocated) $232,213,001 $182,963,490 $153,744,232 $136,229,993 $114,737,116 $91,236,130 $83,235,736 $31,748,650 $7,084,935 Executive Management Watch Limit $209,106,500 $149,371,333 $129,592,945 $110,281,606 $80,766,138 $63,896,141 $50,036,366 $20,874,325 $5,542,468 Steering Committee Contingency $186,000,000 $130,000,000 $94,000,000 $75,000,000 $47,000,000 $38,000,000 $19,000,000 $10,000,000 $4,000,000 TriMet Contingency Drawdown (Allocated) $65,078,644 $42,128,316 $15,259,037 $9,766,591 $0 $0 $0 $0 $0 Status as of 07/31/13 (allocated + unallocated) $102,923,103 $102,923,103 $102,923,103 $102,923,103 $102,923,103 $102,923,103 $102,923,103 $102,923,103 $102,923,103

K:\Rail Projects\15 Milwaukie\Finance\000 - Rob s Cost to Complete Tracking Items\2013-09 Cost to Complete\ 10/11/2013 PMLR 100% PE Estimate Summary 2012-03-20 YOE-Muiltiple Rates 2013-09-30-R1, 2013-09-30 Status 194:28 PM PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

Quality: NCRs and Audits

Status Report:

⇒ Nonconformance Reports (NCRs) (as of September 30, 2013) • Bridge: 66 issued (3 rescinded), 57 closed

• West: 38 issued, 35 closed

• East Construction: 58 issued, 52 closed Design: 1 issued, 1 closed

• Moving Together: 4 issued, 3 closed

• Ruby Junction: 5 issued, 4 closed

Next Steps: ⇒ Continue with QA Audits o RE Offices (Bridge/West – Annually; East – Biannually; Others – 4-6 months) Bridge – No. 05 due Dec ‘13 o th o West – No. 02 performed Jun 26 – 1 Finding (Closed) East – No. 04 performed Aug 21st – 2 Findings, 1 Recommendation (Closed) o th o Ruby Junction – No. 02 scheduled for Oct 15 o Moving Together – No. 02 due Nov ‘13

o Contractors (Approximately every 4 months) Bridge – No. 07 performed Jul 9th – 1 Finding (Closed Sept 9th) o th o West – No. 06 performed Jul 16 – 2 Findings, 3 Recommendations (Closed Sept 10th) th o East – No. 05 performed Sept 27 – 1 Recommendation Ruby Junction - No. 02 performed Aug 29th - no Findings/no Recommendations o nd o Moving Together – Preliminary (No. 01) performed Aug 22 – 7 Recommendations

⇒ Continue to monitor quality in the field

20

PORTLAND-MILWAUKIE LIGHT RAIL TRANSIT

Project Permitting and Third Party Agreements

Status Report:

⇒ IGAs • New or updated IGAs include: . Judge requested expected dates from Clackamas County and TriMet for execution of outstanding agreements. o Roadway improvements, Design and Construction services and Continuing Control agreements are expected to be finalized within 4 weeks o Right of Way agreement with Parks Department is expected to be executed by the end of the year o Fiber Optic relocation reimbursement agreement has been executed o Property Transfers have been executed o Maintenance Agreement is to be started by end of year

⇒ Permits/Approvals • All key discretionary reviews have been completed with these exceptions: . City of Portland o Building permits associated with Moving Together – one remains o Type II to eliminate Peregrine Falcon nest from Willamette Bridge

. City of Milwaukie o Minor Type II and Type I reviews continuing

. Clackamas County: o Parking structure – Design review and water quality assessment. o Street vacation for parking structure was approved

• Section 404 Permit is being updated to address: o Courtney Creek month extension to in-water work window

⇒ Coordination • Bi-Weekly meetings to coordinate permits/approvals with local jurisdictions.

• Bi-Weekly teleconference with bridge design and construction teams to ensure compliance with permit conditions on the bridge.

21 Agreements V11 October 17, 2013

Responsible Responsible Agencies Purpose Execution date Status TM staff TM Attorney Comments

Funding 1 ODOT lottery funds IGA local match $250m February 1, 2009 executed Unsworth Lesh 2 City of Milwaukie IGA local match $5m November 1, 2008 executed Unsworth Erz 3 City of Portland IGA local match $30m + $25m (cash+in-kind) February 18, 2010 executed Unsworth Lesh Revised/restated for $55m 4 Metro IGA local match $72.5m + $27.8m March 1, 2010 executed Unsworth Lesh Revised/restated for $99.9m 5 Clackamas County IGA local match $25m March 1, 2010 executed Unsworth Lesh 6 ODOT - flexible funds IGA Local Match $13.5m June 15, 2011 executed Unsworth Lesh 7 Metro Nature in Neighborhoods December 1, 2010 executed Robbins Lesh 8 City of Milwaukie Settlement agreement June 7, 2012 executed Unsworth Erz 9 Clackamas County Settlement agreement August 29, 2012 executed Unsworth Erz

In-Kind donations 10 OHSU In-kind match January 31, 2011 executed Unsworth Colton

11 Willamette Shoreline consortium In-kind match November 7, 2011 executed Unsworth Lesh 12 Zidell In-kind match January 31, 2011 executed Unsworth Colton

13 PSU In-kind match June 24, 2011 executed Barnard Erz 14 PCC In-kind match June 24, 2011 executed Detweiler Erz

Design 15 Metro FEIS contract April 1, 2009 executed Unsworth Colton 16 Metro Final design and construction services December 5, 2011 executed Unsworth Lesh 17 City of Milwaukie PE/FD staff April 1, 2009 executed Unsworth Erz

Updated 12/19/12 - Separate betterment 18 City of Portland FD and construction services October 1, 2010 executed Unsworth Colton agreement for CTL adopted on 12/5/12 19 Clackamas County PE staff March 10, 2010 executed Robbins Lesh 20 Clackamas County County Road Program Drafted Unsworth Erz at Clackamas County

21 Clackamas County FD and construction services awaiting CC Action Robbins Lesh At Clackamas County 22 North Clackamas Parks District FD and construction services May 24, 2012 executed Robbins Erz at Clackamas County 23 North Clackamas Parks District ROW Agreement awaiting CC Action Robbins Erz at Clackamas County 24 ODOT PE staff executed 25 DEQ Hazardous materials mitigation October 1, 2009 executed Unsworth Colton

26 SHPO MOA for historic and archeological issues May 1, 2010 executed Unsworth Lesh

Construction 27 Portland Parks Wetland mitigations at Westmoreland Park June 24, 2011 executed Unsworth Colton 28 Portland Parks Central District mitigation June 24, 2011 executed Unsworth Colton 29 Portland PDC/Parks/PBOT Developer Agreement Fee parcel November 1, 2011 executed Unsworth Colton 30 Portland PDC/Parks/PBOT Developer Agreement Transition trails January 17, 2012 executed Unsworth Colton 31 PBOT SW Moody Construction Elements September 28, 2011 executed Batty Bradley Erz 32 City of Milwaukie Betterment agreement September 18, 2012 executed Robbins Erz 7/13/2011 - MOU 33 PBOT SE Water Avenue ROW and Betterments 8/29/12 - IGA executed Barnard Lesh Allow PGE/PPL to locate on the WRB and pay 34 PGE on Bridge for improvements November 1, 2010 executed Tertadian Colton PGE Private Utilities non Cooper, Baker 35 franchise Property, utilities January 1, 2011 executed and Tertadian Erz

36 Clackamas County Fiber optic relocation October 4, 2013 executed Unsworth Erz

37 NW Natural Gas Move gas pipes on private property July 29, 2011 executed Robbins Lesh Continuing control for improvements within 38 COP, COM, Clack Co, ODOT ROW January 1, 2015 To be drafted TBD TBD Mod 1 8/23/12 for Kellogg Lake 39 ODOT Design and Construction agreement January 18, 2012 executed Unsworth Erz betterment

40 ODOT Right of way agreement January 13, 2012 executed Baker Erz easement for river bottom (Kellogg and 41 Department of State Lands Willamette) May 1, 2011 executed Stewart Colton

42 COP, COM, Clack Co, ODOT Maintenance Agreements January 1, 2015 To be drafted TBD TBD

43 Portland Spirit Mitigation April 29, 2011 executed Barnard Colton

Railroads UPRR 44 Term sheet March 10, 2010 executed Wilson Lesh 45 Purchase and sale agreement December 22, 2010 executed Wilson Lesh 46 Site Two Agreement December 1, 2010 executed Wilson Lesh 47 C, O and M Agreement June 24, 2011 executed Wilson Lesh 48 OPRR Exchange Agreement May 14, 2012 executed Wilson Leah Reviewed by Ted Uyeno 49 MOU December 9, 2009 executed Unsworth Lesh 50 Operating agreement October 13, 2010 executed Wilson Lesh

51 Oregon Rail Heritage Foundation ROW Agreement March 14, 2012 executed Wilson Lesh

Review requested by FTA X counsel

22

PORTLAND –MILWAUKIE LIGHT RAIL TRANSIT

Rail Activation/Start Up

Status Report:

• New Start Up Manager on board as of October 1; contract approved by TriMet Board on Sept. 11, 2 years (and one day) ahead of Revenue Service date.

• Rail Activation Committee (RAC) meetings to begin in late October.

• Draft Rail Activation Plan (RAP) is under development.

• First section of track (West – A1) now under Track Access Control, managed by TriMet; three more sections (West – A2; East – C1, C2) to come in early November

• Working on developing consistent turnover processes for: o Contractor to (follow-on) Contractor o Project to Operations

Next Steps:

⇒ Publish Draft RAP. ⇒ Identify all contract deliverables (training, manuals, etc.) required by each contract. ⇒ Identify all remaining elements for safety and security certification.

23

PORTLAND STREETCAR LOOP

Loop Vehicles and Prototype Vehicle Status

Status Report:

⇒ Regular vehicle project management, safety certification and technical review meetings ongoing.

⇒ Loop vehicles (as of October 15, 2013): • Vehicle No. 021: In Revenue Service June 11, 2013 • Vehicle No. 022: In Revenue Service June 26, 2013 • Vehicle No. 023: In Revenue Service August 15, 2013 • Vehicle No. 024: Delivered October 4, 2013 • Vehicle No. 025: In final assembly and testing at OIW facility

⇒ Prototype: The City has approved the Rockwell plan for retrofits of the vehicle to address all outstanding issues, as described below.

Next Steps:

⇒ Loop vehicles: • Vehicle No. 024: Complete functional testing and burn in on Portland track. Revenue service expected week of October 21, 2013. • Vehicle No. 025: Delivery expected week of October 28, 2013

Prototype:

• Safety Certification for 30 MPH: o The upgrades have been installed and functionally checked. This was completed on August 9th. This included installing new IGBT’s and upgraded brake resistors. o Preliminary testing is in process. The Rockwell propulsion 30MPH dynamic braking tuning complete and car is decelerating as required. o Further integration testing between Knorr Brake and Rockwell needs to be finalized. Knorr will be present onsite in early January 2014 to complete tuning. United Streetcar prefers to complete this testing after all reliability upgrades are complete (see below). o Final testing will occur in mid‐January 2014 and will be the final qualifications for the safety certification. The car will be fully accepted to run at 30mph at this time. • Air Conditioning: o HVAC supplier Thermo King determined more air flow on the intake near the roof airings, and they suspect additional airflow is needed through the ducts. OIW is bringing in an HVAC engineering specialist to test and review the design. o OIW will modify fairing to increase air flow on the intake side of the units. 24 o Test and review of the ducting will be coordinated with PSC with the initial plan to take place the week of October 21st. o United Streetcar will modify ducting and fairings to be reinstalled between November 4th and November 15th. • Noise Test: o High frequency noise was an issue for operators and pedestrians. United Streetcar and Rockwell will tune the drives to lower the high frequency noise issue and provide a more comfortable operating and pedestrian experience. o The upgrades of the drives have been completed with adjustments on the sound and carrier frequency. o Final tuning and testing will be completed along with the safety certification testing scheduled for mid‐January 2014. • Low Voltage Power Supply (LVPS): o Due to reliability and start‐up issues with the original LVPS design, United Streetcar and Rockwell have redesigned to LVPS to provide greater reliability for the City of Portland. o LVPS unit qualification test will happen at the sub‐supplier, Bonitron, facility on October 28‐31. United Streetcar will be present to witness the testing. o The LVPS will be installed at PSC on the week of November 11th and will be tested through November 29th. • Friction Brake Overhaul: o Friction brakes were at their 5‐year overhaul period. Although they have not seen 5 years of continuous service, seals and other components should still be replaced at 5 year intervals. o The system had indicators that an overhaul was necessary. These included poor slack adjuster performance on the brake calipers and minor valve leaks on the EHU. In addition, United Streetcar will put all new brake pads on the car. o United Streetcar determined it was best to conduct the overhaul work while the vehicle was out of service. o Complete October 6th, 2013 o In addition to the 5 major tasks, United Streetcar is addressing a list of approximately 10 other minor reliability upgrades. These are all scheduled to be completed between now and December 31st. It is important that these minor updates be complete before final safety certification is sought. Although USC believes all testing and certifications can be complete by the end of January, 2014, USC also knows that other work may take precedence and will ask an additional 4 weeks of buffer time based on an end of January, 2014 expected completion. Given the above assumption about buffer time, United Streetcar believes that the Prototype Streetcar upgrades will be completed by February 28th, 2014 at which point the vehicle will be ready to re‐enter revenue service..

25 NEXT PROJECTS

Southwest Corridor; Future Corridor

Background :

The Southwest Corridor Plan coordinates land use and transportation planning efforts to develop an investment strategy that identifies and prioritizes needed projects to serve locally desired land uses and stimulate community and economic development. The Southwest Corridor plan includes:

• Local land use planning to identify land use actions and investments to support livable communities. Outcomes of these plans will be implemented by local jurisdictions; • Southwest Corridor Transportation Plan (Corridor Refinement) to examine the function, mode, and general location of transportation improvements. Outcomes of this plan will be implemented by the appropriate jurisdiction (ODOT Facility Plan, Metro RTP amendment, TriMet TIP, Local TSP amendments); and • Transit Alternatives Analysis (AA). Outcome of the AA will define the best mode and alignment of major transit improvement to serve the corridor.

. Phase One final product will be a set of implementation agreements with Metro, TriMet, ODOT and local partners (end of summer 2013). . Phase Two will implement priority projects from Phase One and continue to examine transit improvements in the corridor to serve the livability and sustainability aspirations of the region. (Timing TBD based on priorities from Phase One.)

Status Report:

⇒ Continue monthly conference calls with FTA/FHWA and project staff. ⇒ Steering Committee adopted a shared investment strategy which included the recommendation to move Bus Rapid Transit and Light Rail for further study in a refinement phase and the Draft Environmental Impact Statement ⇒ The project partners (8 Cities, 2 Counties, TriMet and ODOT) have taken action to support the recommendation by the Steering Committee with pending approval of the Metro Council expected on October 31st of this year. ⇒ Identified all possible design options of the BRT and light rail representative transit alternatives to study during this refinement phase in order to identify the most proposing transit alternatives to move forward into the DEIS.

26

Next Steps:

⇒ Convene and Southwest Corridor Planning Forum to gain input on the purpose and need, input on the transit alignments and design options and inform the public on the Southwest Service Enhancement work. ⇒ Revise and adopt the purpose and need that will guide us through the refinement phase and the DEIS. ⇒ Refine transit alignments and design options for evaluation during the refinement phase.

27

28 NEXT PROJECTS

Powell-Division Corridor Transit

Status Report:

⇒ Continuing to meet with stakeholders regarding initial impressions of need and interest. Continued positive interest in BRT so far.

⇒ Regional grant funding received to support land use/station planning to help guide alignment discussion.

⇒ Linking outreach and communications for Powell-Division Corridor with TriMet’s Eastside Service Enhancement Plan. Developed joint FAQ; looking at joint website and messaging.

⇒ Specific outreach to low income, minority, and LEP communities in the corridor.

Next Steps:

⇒ Purpose and need

⇒ Begin to explore alternatives

29 MAX Average Weekday Boardings by Month by Line

Blue Red Yellow Green

90,000

High of 78,800 80,000

70,000

60,000 7.3-min. peak hour & 15-min. mid-day headways 2-car trains 50,000 R, G & Y 15-min. headways 2-car trains 40,000 PDX to BTC, 15-min. headways mostly 2-car trains

High of 29,400 High of 24,800 Average Average Daily Boardings 30,000

20,000

10,000 10-min. peak hour & 15-min mid-day headways, some 2-car trains High of 18,100

Note: In Aug. '08 the Steel Bridge was closed for several weeks.

0 04 05 05 06 06 07 07 08 08 09 09 10 10 11 11 12 12 13 13 05 06 07 08 09 10 11 12 13 04 04 05 05 06 06 07 07 08 08 09 09 10 10 11 11 12 12 04 05 06 07 08 09 10 11 12 13 ------Jul Jul Jul Jul Jul Jul Jul Jul Jul Jul Jan Jan Jan Jan Jan Jan Jan Jan Jan Mar Mar Mar Mar Mar Mar Mar Mar Mar Nov Nov Nov Nov Nov Nov Nov Nov Nov Sep Sep Sep Sep Sep Sep Sep Sep Sep May May May May May May May May May May Month and Year

JRG 10-10-13 Source: Monthly Performance Report AWB-MAX Summary 2013.xlsx 30 MAX System Average Daily Boardings by Month

Weekday Saturday Sunday

160,000 Fareless Square was discontinued Weekday High 137,900 for MAX in Sep. 2012 Saturday High 126,500 140,000 Green Line opened September 2009 Yellow Line opened May 2004 120,000

100,000

80,000

60,000 Average Average Daily Boardings

Sunday High 83,400 40,000 In Aug. 2008 the Steel Bridge was closed for several weeks. 20,000

0 04 05 06 07 08 09 10 11 12 04 04 05 05 06 06 07 07 08 08 09 09 10 10 11 11 12 12 13 04 05 05 06 06 07 07 08 08 09 09 10 10 11 11 12 12 13 13 04 05 06 07 08 09 10 11 12 13 ------Apr Oct Apr Oct Apr Oct Apr Oct Apr Oct Apr Oct Apr Oct Apr Oct Apr Oct Apr Jun Jun Jun Jun Jun Jun Jun Jun Jun Jun Feb Feb Feb Feb Feb Feb Feb Feb Feb Aug Dec Aug Dec Aug Dec Aug Dec Aug Dec Aug Dec Aug Dec Aug Dec Aug Dec Aug Month and Year

JRG 10-10-13 Source: Monthly Performance Report AWB-MAX Summary 2013.xlsx 31 Portland-Milwaukie Light Rail Transit Project Mitigation Commitment Matrix – September 19, 2013

Internal Coordination: On March 27, 2011, TriMet held a Record of Decision “school” for engineers, designers, property acquisition staff and others charged with overseeing various aspects of the PMLR Final Design effort. The “school” was taught by Joe Recker, TriMet’s Environmental Permits Coordinator, and Dave Unsworth, Deputy Director of the PMLR Project. Close to 40 participants were educated on the role of the ROD in the PMLR Project, required mitigation measures, internal coordination of mitigation activities, and proper tracking of mitigation measures. In addition, all Capital Projects staff have a single contact point (Joe Recker) for mitigation compliance and common reference library for ROD and permit compliance resources.

On June 21, 2012, a training course on environmental compliance was held at the East Field Office for TriMet Resident Engineer staff and inspections, and the contractor foremen on the Project. The purpose of the course was to acquaint participants with regulatory requirements and conditions applicable to the project in highly sensitive areas or when sensitive activities (ground disturbance, noise generation, pile driving, etc.) are occurring. Participants completed course with an understanding of permit/approvals resources available to them, a contact list, and important requirements applicable to their work. The course was successful in generating heightened awareness of permit requirements and resulted in more focused follow-up meetings to clearly understand permit requirements for specific work areas.

In Summer 2012, contractors began work in several sensitive creek areas. Prior to such work, TriMet’s environmental permits coordinator and key contractor personnel responsible for the work met to go over permit and ROD requirements as it pertained to that work. Also, environmental summary sheets have been created for each of these areas to guide TriMet inspectors and contractors in the daily review of that work.

Note: Last major revision occurred 6/28/12. Changes since then are provided in bold.

Portland-Milwaukie Light Rail Project Mitigation Commitments 9/19/2013 Page 1 of 32

32

1. Long-Term Mitigation The following are the mitigating actions that TriMet commits to complete to address the long-term impacts of the South Corridor: Portland-Milwaukie Light Rail Project.

Significant Impact Mitigation Status Topic1 Acquisitions and TriMet will conduct property acquisitions and provide for relocation of displaced Property acquisitions are proceeding as Displacements parties in compliance with 49 CFR Part 24 Uniform Relocation Assistance and required in compliance with the Uniform (see section 3.1, starting on Real Property Acquisition Act of 1970, as amended. Relocation Assistance and Real Property page 3-2 of PMLR FEIS) Advisory Services will be offered to relocated businesses, including coordination Acquisition Act of 1970. with Portland Development Commission, Portland State University, Portland Community College, State of Oregon, and other business planning services. Land Use and Economy No land use or economic mitigation is required. n/a (see section 3.2, starting on page 3-10 of PMLR FEIS) Community Impact Mitigated with the project’s commitments in other environmental areas and through On-going public involvement and relocation Assessment and TriMet’s public involvement programs to provide outreach and communications to a assistance as part of acquisitions and Environmental Justice variety of populations, including those whose primary language is not English. displacements, above. (see Section 3.3, starting on page 3-50 and Appendix B of PMLR FEIS) Visual Quality and For areas identified as having high impacts (South Waterfront and Willamette Design Review completed for bridge and South Aesthetics River, Hosford-Abernethy, historic Milwaukie, Island Station, and Oak Lodge), Waterfront (12/16/2010). In spring and summer (see section 3.4, starting on TriMet will continue to work during final design in coordination with local 2011, TriMet held a series of urban design open page 3-75 of PMLR FEIS) jurisdictions and neighborhood representatives to develop project elements that houses with neighborhoods throughout corridor minimize effects to neighborhood scale and character. This will include to help inform Final Design efforts. Urban coordination with the City of Portland’s Design Review Process (for the South design work in Milwaukie is complete– Waterfront and Willamette River) and the City of Milwaukie Design and Landmarks Milwaukie design review for Kellogg Bridge has Committees (DLC) (for downtown Milwaukie and the Kellogg Lake). been completed 1/17/2012. Design reviews for Milwaukie downtown station buildings completed 7/24. Park Ave station area design

1 * Includes only those Federal Act/requirements or other state or local policies for which there is a significant impact. A discussion of all Federal Act/requirements and whether they include a significant impact or not may be found in the ROD Determinations and Findings section.

Portland-Milwaukie Light Rail Project Mitigation Commitments 9/19/2013 Page 2 of 32

33 Significant Impact Mitigation Status Topic1 review approved by Clackamas County May 16, 2013. Final design review application has been submitted for Park Ave park-and-ride garage in Clackamas County. The design/build project team has met with neighborhood representatives and affected property owners weekly to ensure all design issues are satisfactorly addressed. Public open house on parking garage design was well attended and productive. Historic, Archaeological, Historic Resources Archaeological Investigations Northwest (AINW) and Cultural Resources The Project will have three adverse effects to historic resources (Royal Foods was selected through RFP process to conduct (see section 3.5, starting on Warehouse and Office, 2425 SE 8th Avenue, Portland, Westmoreland Park, 7605 consultation with SHPO, document impacted page 3-100 of PMLR FEIS) SE McLoughlin Boulevard, and R. Derwey House, 2206 SE Washington Street, historic resources, and archaeological Milwaukie). Mitigation for the adverse effects will be conducted in accordance with monitoring during construction, per the MOA. the signed formal Memorandum of Agreement (MOA) with the SHPO, TriMet and Expanded areas of potential effects associated FTA and executed for inclusion in the FEIS (See Appendix N, Agency Coordination with 90% drawings was evaluated and and Correspondence). determined to be no adverse effects in May 2012. Secondary impacts to five additional historic built environment resources at 2405 SE Harrison, 2326 SE Monroe, 2313 SE Wren, and 2206 SE Washington streets in Approximately 15 additional properties Milwaukie and 1635 SE Rhone Street in Portland due to noise and vibration will be evaluated for cultural resources and determined mitigated in accordance with the terms of the MOA. to be no adverse effects in August 2012. Archaeological Resources Archaeological monitoring is ongoing – NRHP- Potential adverse impacts to archaeological resources due to construction will be eligible sites impacted by project have been mitigated by the identification, avoidance, monitoring, minimization, and treatment mitigated through data recovery, as appropriate, procedures defined in the MOA. (See Appendix N, Memorandum of Agreement). in consultation with FTA and the SHPO.

City of Portland will implement MOA requirements relative to Westmoreland Park documentation per TriMet’s IGA with City. All other historic documentation was be performed by AINW. The SHPO has concurred that historic documentation for the three properties was performed as required. Two requirements remaining: develop professionally designed website (by City) and interpretative display (by TriMet). Both

Portland-Milwaukie Light Rail Project Mitigation Commitments 9/19/2013 Page 3 of 32

34 Significant Impact Mitigation Status Topic1 being developed currently.

Per Sections III.A and III.C of the MOA, TriMet’s contractor prepared documentation of two historic resources impacted by the PMLR Project. This documentation was sent to SHPO, the Oregon Historical Society and University of Oregon, as required, on November 30, 2012.

Monintoring has continued when potential finds have been identified. Most original ground disturbance has been completed. TriMet staff will continue to coordinate with Reg X staff on any new finds. Final investigate report and findings to be submitted to SHPO at completion of construction and presentation will be made to public at that time. Parks and Recreational During Final Design, FTA and TriMet will continue to coordinate with Portland COP Greenway approval for west half of WRB Resources Parks and Recreation (PP&R), the City of Milwaukie, Metro and the North – Dec 16, 2010. Received COP Greenway (see section 3.6, starting on Clackamas Parks and Recreation Department (NCPRD) to develop project design approval for east half of WRB –March 11, 2011. page 3-119 of PMLR FEIS) and construction details consistent with the letters of understanding and mitigation Greenway approval within City of Milwaukie commitments included within Appendix K, Section 4(f) Final Evaluation. The project issued January 19, 2011. will meet the City of Portland and the City of Milwaukie applicable permitting A design has been approved for the Trolley requirements for development within the Greenway Zone. Trail and Eastbank Esplanade.

TriMet entered into an IGA with North Clackamas Parks on the design and construction of the Trolley Trail – May 2012. Trolley Trail design is completed and currently under construction. Geology and Soils No mitigation required. n/a (see section 3.7, starting on page 3-131 of PMLR FEIS) Ecosystems The Biological Opinion issued by National Oceanic and Atmospheric Administration Oregon Department of State Lands (DSL) (NOAA) Fisheries for the project (June 23, 2010) identifies mitigation measures wetland permit has been issued and

Portland-Milwaukie Light Rail Project Mitigation Commitments 9/19/2013 Page 4 of 32

35 Significant Impact Mitigation Status Topic1 (see section 3.8, starting on and terms and conditions for construction and operation of the project. The project coordination with US Army Corps is on-going. page 3-140 of PMLR FEIS) will comply with these measures, terms, and conditions. See Section M.4 for a listing. Derelict pile removal south of St Johns Bridge Wetlands was completed in August 2011, and as-built The project will meet the requirements of Section 404 permit conditions to be report submitted to USACE and Oregon DSL approved by the United States Army Corps of Engineers (USACE) and Oregon within 60 days of work completion, as required Department of State Lands (DSL). Unavoidable impacts to wetlands will be by permits. Letter from Army Corp of Engineers mitigated through compensatory wetland mitigation. Wetlands mitigation available upon request. Minor changes to 404 requirements will be met through partial funding of the City of Portland’s and BO to reflect design changes at Kronberg, Westmoreland Park Duck Pond Restoration Project, and in compliance with the Johnson and Crystal Springs was approved permitting requirements of the USACE and the Oregon DSL. 7/26/12.

If for some reason the Westmoreland Park Restoration Project is not a feasible COP/TM executed IGAs for Westmoreland Park means to mitigate wetland and fish passage impacts, the Portland-Milwaukie Light Duck Pond restoration and Central District Rail Project plans to purchase necessary credits at the Foster Creek wetland mitigation sites. The City and Army Corps will mitigation bank. delay implementation by one year on Wildlife Westmoreland Park site – however, mitigation Provide for nesting and roosting habitats where practicable for native birds and would be completed prior to PMLR construction bats. completion. Similarly, completion of the Central Vegetation, Waterways and Fisheries District mitigation site has been delayed one The project will mitigate detrimental effects to vegetation, waterways and fisheries, year due to high river water levels. including impacts to both habitat quality and quantity, through compliance with federal, state, and local regulations and permitting requirements, including the Modification to 404 permit related to conservation recommendations and terms and conditions stipulated in the Westmoreland Park design was approved Biological Opinion, and as described below for Water Quality and Hydrology. July 2013. Construction began days later and in-water work was completed prior to The project will mitigate for impacts to the Willamette River and its associated close of in-water work window. Overall habitat by completion scheduled for February 2014. partnering with the City of Portland on a planned city project that will provide Monitoring will continue for 7 years to be creation and enhancement of shallow water and active channel areas at a site conducted by City of Portland. located south (upstream) of the Ross Island Bridge on the western bank and adjacent to two derelict pile fields that are proposed to be removed by the project. The site is known as the Central District and is part of the planned South Waterfront Greenway and consists of two properties. The city’s project will upgrade an existing path to meet City of Portland greenway standards (two separated paths for bicycles and pedestrians), while excavating the existing bank to provide approximately 25,500 square feet of shallow-water beach habitat and 17,400 square feet of re-naturalized riverbank. In addition, 20,000 square feet of derelict

Portland-Milwaukie Light Rail Project Mitigation Commitments 9/19/2013 Page 5 of 32

36 Significant Impact Mitigation Status Topic1 piles will be removed Water Quality and Hydrologic and water quality impacts will be minimized by following the City of City of Portland’s stormwater criteria are being Hydrology Portland’s stormwater management program and 2008 Stormwater Management applied throughout the Project alignment in the (see section 3.9, starting on Manual; the project will meet the City of Portland’s stormwater criteria along the IFC plan set. 30 percent design identified size page 3-177 of PMLR FEIS) entire light rail alignment. The City of Portland criteria were developed to manage and location for stormwater facilities. stormwater to meet EPA’s Clean Water Act and Safe Drinking Water Act. Through the application of the City’s Stormwater Management Manual, the project will CLOMR issued by FEMA on March 16, 2011 incorporate design criteria, best practices and standards that will protect water quality in rivers and streams (including 303(d) listed waters), and protect watershed Cut and fill balancing has been designed for all health as well as protect groundwater as a drinking water resource. locations within the floodplain. Cut and fill To address a net rise in the base flood elevation of the Willamette River, TriMet will balancing is being performed by TriMet obtain a Conditional Letter of Map Revision (CLOMR) in consultation with the City contractors in all three affected floodplains. of Portland and FEMA. The project will provide floodplain cut and fill balancing at Crystal Springs Creek, Johnson Creek, and Kellogg Lake for removal and fill within the floodplain. Noise Village at Lovejoy Fountain 2nd & 3rd floors – sound insulation Village at Lovejoy Foundation: Based on further (see section 3.10, starting on Village at Lovejoy Fountain 4th & 5th floors– sound insulation analysis with more complete design information, page 3-198 of PMLR FEIS) American Plaza Ground & 2nd floors– sound insulation 14ea units have estimated noise impacts at American Plaza 3rd, 4th & 5th floors– sound insulation their exterior surfaces instead of the 12ea units Digital One/Mission Control– sound insulation identified in the FEIS. Out-to-in noise testing 2-SFR on SE 17th Ave. at SE Rhone St– sound insulation was performed to determine if existing windows North of SE Harrison St. (east – SFR) - Sound Insulation (or walls) and directional and doors provide enough sound mitigation to bells meet FHWA standards, or if replacements will North of SE Harrison St. (west – SFR) - Sound Insulation (or walls) & directional be needed. Testing results show that if bells with shrouds existing windows are in good working order Spring Creek Apartments (closest MFR to tracks)- Insulation and directional bells (good seals and closures), there should be no with shrouds interior noise impacts. Working with owner to Spring Creek Apartments (closest MFR to crossing) - Insulation and directional establish approach to ensuring this. In bells negotiations with the owner to agree upon SE Monroe St. (SFR nearest tracks)- Insulation and directional bells price for owner’s building maintenance SE Monroe St. (SFR 2nd home) - Insulation and directional bells contractor to perform the necessary work. SE Monroe St. (SFR 3rd home) - Insulation and directional bells SE Lake Rd. (SFR) – noise wall or insulation American Plaza: Based on further analysis with SE Wren St. (closest SFR) – noise wall more complete design information, 15ea units SE Wren St. (other SFR) – noise wall on 8 floors (G-7)have estimated noise impacts SE 27th Ave. (SFR south of displacement) – noise wall at their exterior surfaces instead of the 5ea SE 27th Ave. (SFR south of displacement) – noise wall units on 5 floors (G-4) identified in the FEIS.

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37 Significant Impact Mitigation Status Topic1 SE 27th Ave. (SFR near switch) – noise wall Out-to-in noise testing was performed to determine if existing windows and doors provide enough sound mitigation to meet FHWA standards, or if replacements will be needed. Due to some owner non-response and ongoing legal dealings with other owners, not all units were analyzed. Seven units in Lincoln Tower remained in the Noise Mitigation program following legal consclusions. These units have been tested, and mitigation scopes are being reviewed by owners for acceptance. Work has begun on 3 of the units. 3 other units have withdrawn from program. 1 unit is in process of getting quotes for work.

Digital One/Mision Control: Exterior impacts were modeled, and out-to-in tests were performed to determine if existing windows provide enough sound mitigation. Noise mitigation will be required to ensure interior noise levels remain below the threshold.Building owners have received a report of work recommended for noise mitigation. They have requested that they be allowed to use their own contractor to perform work, and are developing a quote for TriMet review. Owner was provided a settlement with an amount to have their contractor do the work. Owner is reviewing the settlement offer.

Spring Creek Apartments: Based on using a quieter electronic bell at the crossing near this property, the noise impact may not be as severe. Additional analysis is being done to come to conclusion on this.

Others: TriMet's Noise and Vibration Mitigation

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38 Significant Impact Mitigation Status Topic1 Manager is working with the noise analysis consultant to review mitigation measures in certain sections of the alignment to confirm appropriate mitigation measures are in place. The PMLR Noise Mitigation program will focus first on multi-family/commercial sensitive receivers first. TriMet is under contract with a local design firm to facilitate this work. TriMet is preparing an RFP for Construction Services to address the noise impacts on the single family homes along the alignment. Vibration Unitus Credit Union/PSU Classrooms - Flange bearing crossover After additional analysis, a more robust track (see section 3.10, starting on Lovejoy Fountain Apartments (MFR)- Rail boot underlayment system was installed on Lincoln page 3-198 of PMLR FEIS) Portland Opera- Flange bearing crossover St to address vibration mitigation needs. SE Rhone St. and SE 17th Ave. (SFR)- Ballast mats North of SE Harrison St. (west – SFR)- Tire derived aggregate Vibration mitigation needs and measures are North of SE Harrison St. (east – SFR) - Tire derived aggregate currently being reviewed for the East Segment. South of SE Harrison St. (closest MFR to track) - Tire derived aggregate Contractor has requested that a ballast mat South of SE Harrison St. (MFR) - Tire derived aggregate system be considered instead of TDA where SE Monroe St. (SFR) - Tire derived aggregate needed. SE Washington St. "L" Bldg- Tire derived aggregate Tartan and Thistle Restaurant- Tire derived aggregate After technical analysis and review, the SE Washington St. (Center) - Tire derived aggregate same track underlayment is being used for SE 21st at SE Adams St. (Jenco Scientific and Electrodyne Inc.) - Tire derived East Segment areas. aggregate SE Lake Rd. (SFR by structure) - Resilient fasteners SE 27th Ave. (SFR south of displacement)- Ballast mats SE 27th Ave. (SFR south of displacement) – Spring frog SE 27th Ave. (SFR near switch) – Spring frog Air Quality No mitigation is required. n/a (see section 3.11, starting on page 3-241 of PMLR FEIS) Energy No mitigation is required. n/a (see section 3.12, starting on page 3-249 of PMLR FEIS) Hazardous Materials Properties proposed for lease or acquisition will be evaluated in further detail using Site assessments are being completed for each (see section 3.13, starting on Environmental Site Assessments (ESAs) for the potential for encountering property acquisition with phase II subsurface

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39 Significant Impact Mitigation Status Topic1 page 3-253 of PMLR FEIS) hazardous materials or incurring environmental liability. All hazardous materials soil investigations, as necessary. A encountered during construction will be addressed in accordance with applicable contaminated media management plan was state and federal regulations. approved by Oregon DEQ for both East and West segments.

Monthly status updates are sent to Oregon DEQ each month in addition to ongoing coordination on environmental clean-ups by site.

To date, approximately 55,000 CY of contaminated media has been hauled off to landfills in accordance with DEQ requirements. Ongoing: TriMet is coordinating with DEQ to receive “No Further Action” letters for sites with leaking underground storage tanks and sites listed on DEQ’s clean-up list. Utilities No significant long term impacts to utilities are expected and no additional n/a (see section 3.14, starting on mitigation measures are required. page 3-272 of PMLR FEIS) Public Services No mitigation required. n/a (see section 3.15, starting on page 3-280 of PMLR FEIS) Safety and Security TriMet will apply its existing safety and security programs to include the project. TriMet’s Safety and Security Meetings have (see section 3.16 starting on been on-going. Project designs and revisions page 3-290 of PMLR FEIS) are vetted through TriMet’s Safety and Security Committee (SSC), as appropriate, to ensure incorporation of TriMet’s Crime Prevention Through Environmental Design program.

Section 4(f) Impacts to Section 4(f) properties will be addressed in accordance with the TriMet has incorporated these features into the (see section 3.17, starting on mitigation commitments defined in the Final Section 4(f) Evaluation and its IFC plan set and will require CM/GC contractor page 3-300 of PMLR FEIS) accompanying letters of concurrence and agreements. Specific measures are to implement construction aspects of the listed below. mitigation.

Permits have been obtained for relocation of the Kronberg Park – The Project must restore areas that were used for construction OPRR tracks. Construction completed.

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40 Significant Impact Mitigation Status Topic1 staging to as good, or better, condition than before. Minor changes to temporary use of Kronberg Eastside Willamette River Greenway Trail – The Project must reconstruct trail to a Park. However, City and FTA reaffirmed no similar or better condition than today, including width, grade, and lighting. change in the de minimus finding. New temporary impact to Eastmoreland Golf Course Springwater Corridor Trail – Project will construct an ADA-compliant connection to received a de minimus finding as well. the trail. Trolley Trail property is being purchased from OPRR – Project created design that relocates the OPRR yard functions to the NCPRD; design has been approved; and detour north to avoid freight yard train movements across the light rail alignment. The plan in place. replacement yard will meet the functional requirements of the OPR, and the quality of the track and beds will be upgraded from the current equipment. Current landscaping plan includes new landscaping and trees along Trolley Trail, including adjacent to Wren St house. Trolley Trail –

• TriMet will purchase property or easement from NCPRD. City of Milwaukie is reviewing TriMet’s land • TriMet will construct trail section adjacent to light rail alignment. use application to provide ADA-compliant • TriMet will relocate the PGE utility at SE Park Ave. connection to the Springwater Trail. • TriMet will provide accommodations for gaps in the sidewalk on the east of SE McLoughlin Blvd between SE Park Ave and SE River Rd as a detour route while TriMet’s portion of trail is under construction.

SE Wren Street House – Project will provide replacement trees and landscaping where existing landscaping is being removed for retaining wall construction.

Traffic – Pedestrian Clinton Station - Provide new traffic signals with crosswalks in the SE 11th (see Chapter 4 of the PMLR Avenue/SE 12th Avenue/SE and alternate bicycle crossing for Clinton Street area Included in IFC designs FEIS) to address gaps in the pedestrian and bicycle systems. Rhine Station - Provide sidewalks, crosswalks, and pedestrian facilities for the new 17th Avenue overcrossing of SE Powell Blvd. Traffic – Bicycle Clinton Station - Provide bicycle access along SE Clinton Street for the portion of (see Chapter 4 of the PMLR roadway that crosses SE 11th Avenue and SE 12th Avenue. This would provide Included in IFC designs FEIS) direct access to the Clinton Station to/from the west. Rhine Station - Provide multi-use path for the new SE 17th Avenue overcrossing of SE Powell Boulevard. Traffic – Off-Street Parking Lincoln Station - Consistent with real property acquisition commitments (Section Compensation for off-street parking space loss

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41 Significant Impact Mitigation Status Topic1 (see Chapter 4 of the PMLR M-1), compensate the property owner for the loss of approximately seven off-street is occurring through the real property FEIS) parking spaces at 2000 SW 5th Avenue. acquisition process. OMSI Station - Consistent with real property acquisition commitments (Section M- 1), compensate the Portland Opera for the loss of up to nine off-street parking TriMet is implementing replacement parking spaces. program. Program includes three Clinton Station - Consistent with real property acquisition commitments (Section rehabilitated parking lots and one new M-1), compensate the property owner for the loss of approximately twenty off- parking lot for TriMet employees. Program street parking spaces between SE 11th and SE 12th, south of SE Clinton Street. forecasts net decrease in on-street parking 17th Avenue/Holgate Station - Replace TriMet’s impacted off-street parking impacts compared with before the project. supply to other off-street locations nearby or undertake a combination of relocation Additional parking management strategies and parking management strategies that address loss of any off-street parking being discussed with neighborhood. spaces near the station. Consistent with real property acquisition commitments (Section M-1), compensate the property owners for the loss of other off-street lots. TriMet and City are developing plans for Lake Road Station - Coordinate with the City of Milwaukie to apply its existing significant sidewalk improvements in vicinity of parking management strategies and maximize station access benefits to minimize downtown Milwaukie station. effects of parking removal. Traffic – Motor SW Naito Parkway/SW Harrison Street - Increase green time for the northbound Included in IFC plans. Vehicle/Road movement for the AM peak hour. Provide vehicle queue detection northbound at (see Chapter 4 of the PMLR SW Lincoln Street and provide a northbound clear-out phase; this clear-out phase FEIS) will need to consider the northbound vehicle queue to the Hawthorne Bridge. SE Water Avenue/light rail alignment - Install signals at the east and west ends of the OMSI Station that are triggered when buses and light rail trains are entering and leaving the station. SE 8th Avenue between SE Division Place and SE Division Street - Add gates on SE 8th Avenue at the light rail tracks to prevent conflicting movements between light rail and vehicles. SE 8th Avenue/SE Division Street – Include a clear-out for vehicles on SE 8th Avenue to avoid conflicts with trains and light rail. Prohibit eastbound right turns on red. SE 8th Avenue/SE Division Place - Include a clear-out phase for vehicles on SE 8th Avenue to avoid conflicts with trains and light rail. SE 11th Avenue/SE Division Street - Signal timing at this intersection will need to be coordinated with the other signals in the near vicinity (12th/Division, 11th/Clinton, 12th/Clinton, Milwaukie/Gideon, 8th/Division Street, and 8th/Division Place); advanced traffic signal control strategies and/or other innovative software and hardware may be necessary.

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42 Significant Impact Mitigation Status Topic1 SE 12th Avenue/SE Division Street - Improve intersection to allow larger trucks to turn northbound to westbound. The new street improvement will allow for adequate turning radii for WB-67 trucks (with 53 foot trailers). Signal timing at this intersection will need to be coordinated with the other signals in the near vicinity (11th/Division, 11th/Clinton, 12th/Clinton, Milwaukie/Gideon, 8th/Division Street, and 8th/Division Place). SE 11th Avenue/SE Clinton Street - Implement advanced traffic signal control strategies to coordinate signal timing and allow for progression of southbound movement at this intersection with the traffic signals at SE 11th Avenue/SE Division Street and SE Milwaukie Avenue/SE Powell Boulevard to operate with a clear-out phase as trains approach the at-grade crossing on SE 11th Avenue. New signals in this area should include 2070 controllers or conform to the most up-to-date City of Portland standards. SE Clinton Street/SE 12th Avenue - Implement advanced traffic signal control strategies to coordinate signal timing and allow for progression of vehicles along SE 11th and 12th avenues and adequate clear-out phasing for vehicles to get off the light rail tracks as trains approach. New signals in this area should include 2070 controllers or conform to the most up-to-date City of Portland standards. SE Milwaukie Avenue/SE Gideon Street - Restripe the second eastbound lane as a shared through/left. By providing the left-turn capability from both lanes, queuing and operations will improve in this short connecting segment. New signals in this area should include 2070 controllers or conform to the most up-to-date City of Portland standards. SE Milwaukie Avenue/SE Powell Boulevard - Extend striping of southbound left- turn pocket north to approximately SE Gideon Street. Roadway cross section would also include bicycle lanes on both the east and west sides of the roadway in this section. SE 8th Avenue/SE Woodward Street – During Final Design work with ODOT and City of Portland staff to address queuing. Install advance queue warning detectors and flashing beacons for the northbound SE McLoughlin Boulevard exit ramp onto Powell Boulevard. 17th Ave./SE Pershing Street - Traffic control to provide a safe crossing for motor vehicles, light rail, and pedestrians/bikes is required. A gated crossing is anticipated to provide safe operations with minimal queuing and delay. SE 17th Ave./SE Holgate Blvd - Provide a minimum of 300 feet for the

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43 Significant Impact Mitigation Status Topic1 southbound left turn. Provide a minimum of 300 feet for the westbound left turn. Provide a minimum of 100 feet for the eastbound left turn. Operate intersection with a 110-second cycle length. Coordinate light rail operations with north-south vehicle phases. SE 17th Ave./SE McLoughlin Blvd - Provide dual southbound left-turn lanes. Add pedestrian crossing on west leg of intersection. Provide a minimum of 300 feet for the westbound right-turn lane. Adjust signal timing to optimize southbound left-turn lane green time without impacting green time along SE McLoughlin Boulevard. Tacoma Park-and-Ride south access - Consolidate business accesses south of park-and-ride with access road. Only allow right-in operations to minimize affects of weaving on SE McLoughlin Boulevard. SE Tacoma St./SE McLoughlin Blvd. SB Off-Ramp - Restripe for dual stage left turn onto SE Tacoma St. – or - Modify interchange and signalize intersection – or - Do nothing and seek a design exception. SE Tacoma St./SE McLoughlin Blvd. NB On- /Off-Ramp - Restripe SE Tacoma Street between park-and-ride access and SE Tenino Drive to be a two-way center turn lane. Seek design exception to allow for operations over 0.85 V/C ratio rather than widen SE Tacoma Street to meet standards. SE Johnson Creek Blvd./SE 32nd Ave - Add westbound right-turn pocket of 100 feet.( Signalize intersection. SE Park Ave./SE Oatfield Rd – LPA Phasing Option (355 spaces) – Add eastbound right-turn pocket. Retain east-west stop controlled intersection. Retain southbound , northbound, and westbound queuing. LPA (600 spaces)- Signalization. Add eastbound right-turn pocket. Add northbound left-turn lane. Add southbound left-turn lane.) SE Park Ave. between SE 27th Ave. and SE McLoughlin Blvd - Stripe for back to back left turns slight side by side left turns in middle of section to accommodate eastbound and westbound queuing. Traffic –Freight None required. n/a (see Chapter 4 of the PMLR FEIS)

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44

2. Short-Term Mitigation

The following are the mitigating actions that TriMet commits to complete to address the short-term construction impacts of the South Corridor: Portland-Milwaukie Light Rail Project.

Significant Impact Mitigation Status Topic Acquisitions and None required n/a Displacements (see section 3.1, starting on page 3-2 of PMLR FEIS) Land Use and Develop and implement a construction outreach plan that will ensure that impacted community Construction outreach plan Economy members such as local residents, businesses, community members, institutions, and property developed by Community (see section 3.2, starting owners are fully informed about potentially major disruptions such as temporary street closures; Affairs team members. Team on page 3-10 of PMLR utility relocations; out of the ordinary construction noise, vibration, light, or glare; changes in transit members responding to FEIS) service; and parking availability. neighborhood issues as they come up. Single point of Make a plan to establish effective communication with residents and businesses through means contact provided to affected such as holding public meetings with project team members and the contractor and producing businesses and residents. materials and processes to distribute information about construction updates, alerts, and construction schedules.

Provide outreach to impacted community members such as affected business owners, institutions, chambers of commerce, merchants associations, ethnic community organizations, and others on measures to assist impacted businesses maintain their customer base during construction; this could include promotional programs and other marketing or advertising programs to encourage patronage during construction.

Provide clear signage to identify and make accessible paths to and from major transportation facilities, such as designated pedestrian routes, bicycle lanes, bus routes and stops, designated truck routes, and tunnel entrances.

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45 Significant Impact Mitigation Status Topic

Provide a hotline service, ombudsman or other easily accessible points of contact for the public to leave construction complaints and obtain timely resolution.

Maintain access to businesses and other properties during construction activities when possible and coordinate closely with businesses during times of limited access due to public safety or construction-related issues. Community Impact None required n/a Assessment and Environmental Justice (see Section 3.3, starting on page 3-50 and Appendix B of PMLR FEIS) Visual Quality and None required n/a Aesthetics (see section 3.4, starting on page 3-75 of PMLR FEIS) Historic, Per the FTA-TriMet-SHPO Memorandum of Agreement, TriMet will employ archaeological TriMet has contracted with Archaeological, and monitoring of ground disturbance in high probability areas. AINW to implement the Cultural Resources requirements of the MOA. (see section 3.5, starting Pre-construction educational briefings shall be arranged for construction contractors. on page 3-100 of PMLR A pre-construction educational FEIS) Archaeological resources discovered during construction shall be approached as outlined in the briefing occurred with MOA. TriMet shall notify SHPO, tribes, and FTA, as appropriate, of discoveries and seek contractors and resident concurrence on appropriate treatment plans, if necessary. engineers and inspectors.

Should the Project design change enough to cause effect(s) to historic properties outside of the area Six cultural resources of potential effect analyzed in the FEIS, TriMet shall conduct cultural resources assessments as assessments were submitted required by 36 CRF 800 to identify and evaluate those effects. to FTA for change in the Project’s Section 106 APE related to IFC plans and received determinations of no adverse effect and received

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46 Significant Impact Mitigation Status Topic appropriate concurrence from SHPO.

Over 20 inadvertent archaeological discoveries have been made during Project construction. Each site has been carefully analyzed for NRHP eligibility and mitigated, as appropriate, in consultation with SHPO and the Tribes.

Parks and Recreational During final design, short-term mitigation measures will be coordinated with park owners, and will Detour routes are being Resources incorporate the terms and agreements defined in the FEIS Appendix K, Final Section 4(f) evaluation. implemented in coordination (see section 3.6, starting Mitigation measures will include providing detour routes around construction areas and temporarily with local jurisdictions and on page 3-119 of PMLR modifying access points to maintain access to park resources where possible. Construction duration parks agencies, per 4(f) letters. FEIS) around park facilities will be minimized to the extent possible Non park use permit granted for closure of the Eastside Greenway to facilitate safe bridge construction. Detour route and associated improvements are currently in operation. Geology and Soils None required. n/a (see section 3.7, starting on page 3-131 of PMLR FEIS) Ecosystems The project will comply with terms and conditions in the Biological Opinion listed below. Other TriMet has contracted with (see section 3.8, starting construction period impact mitigation for fisheries, wetlands, and Endangered Species are USDA Animal and Plant Health on page 3-140 of PMLR incorporated within the mitigation measures and permit compliance commitments established for Inspection Service to conduct FEIS) long term impacts. bird nest monitoring in compliance with the Migratory The project will comply with the requirements of the Migratory Bird Treaty Act and will provide Bird Treaty Act. Active protection for active bird nests by conducting preconstruction surveys and either avoiding or monitoring through the summer relocating nests that could be affected by vegetation removal and other clearing or grading season for trees and

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47 Significant Impact Mitigation Status Topic conducted for the project. vegetation removal completed on Sept 1. Monitoring reports In addition to protection for bird nests, the project will further define during final design and available upon request. construction planning specific mitigation measures to avoid or reduce potential impacts, including the following: Requirements also shared with WRB Design Build Team. Avoid removal of native vegetation. TriMet is working with local Where native vegetation removal is unavoidable, perform clearing activities outside of the bird Audobon Society chapter to nesting season (approximately March 1 to September 1), and, where practicable, leave cut trees and find alternative bird habitat large shrubs on-site to provide cover for small mammals, ground-nesting birds, reptiles and improvements to osprey amphibians. nest on Willamette River Bridge since an osprey has

already developed a new If clearing is necessary during the bird nesting season, have a qualified biologist survey the clearing nest in close vicinity to the areas for migratory bird nests prior to clearing. bridge and would create terroritorial behavior Retain snags, downed woody material, and forest floor duff to the greatest extent possible. between competing ospreys.

Avoid disturbing bats during the breeding season (May to September). If this is not feasible and if In sensitive environmental approved by the Project Manager, apply exclusionary methods prior to this date to exclude bats from locations, native plants and accessing suitable habitat. An exclusionary device is any method that denies bats physical access to trees will be retained, if the nest site area (for example: nets and hole blockers). possible, by using hand tools to remove invasive species. Large woody debris is being Exclusionary devices must be installed a minimum of 30 days before the bat breeding season. re-purposed near creeks to stabilize grades and provide Inspect, maintain, and repair bat exclusionary devices to prevent active occupancy by bats during habitat for endangered the breeding season. species.

Provide for nesting and roosting habitats where practicable for native birds and bats. Water Quality and The light rail project will mitigate its potential short-term impacts through full compliance with NPDES 1200-C permits issued Hydrology applicable regulations including the erosion control manuals and National Pollutant Discharge for each respective project (see section 3.9, starting Elimination System (NPDES) permitting requirements of the local jurisdictions. segment: on page 3-177 of PMLR • WRTB (Mar FEIS) 2011)

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48 Significant Impact Mitigation Status Topic • West segment (Oct 2011) • East segment (Feb 2012) • Ruby Junction (Sept 2012) Noise None required n/a (see section 3.10, starting on page 3-198 of PMLR FEIS) Vibration None required n/a (see section 3.10, starting on page 3-198 of PMLR FEIS) Air Quality Construction contractors will comply with state regulations (OAR 340-208-0210) requiring that WRTB contract includes (see section 3.11, reasonable precautions be taken to avoid dust emissions. TriMet is assessing the use of incentives several air quality BMPs, starting on page 3-241 with the contractors to encourage best management practices with regard to air quality and diesel including use of electric-tower of PMLR FEIS) powered construction equipment. This includes incentives for using low-sulfur fuel for diesel cranes to complete bridge equipment, cleaner fuels for other equipment, properly maintaining equipment, reducing idling, construction once foundations retrofitting diesel engines with verified technologies, and replacing older equipment and engines. are in place. This and other air quality BMPs are contained in the Environmental Compliance Plan developed by the respective segment contractors. Energy None required n/a (see section 3.12, starting on page 3-249 of PMLR FEIS) Hazardous Materials Lead and asbestos surveys will be conducted prior to the acquisition of buildings and structures, Hazardous materials survey (see section 3.13, consistent with OAR 248, and abatement will be conducted prior to demolition, renovation or repair. reports being prepared for all starting on page 3-253 buildings and structures prior of PMLR FEIS) The project will comply with all other applicable state and federal regulatory and permitting to acquisition. Abatements requirements for the handling of hazardous materials, and no additional mitigation is proposed being conducted by demolition contractor. Contractors required to comply with all

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49 Significant Impact Mitigation Status Topic state, federal requirements relative to hazardous materials. Utilities None required. n/a (see section 3.14, starting on page 3-272 of PMLR FEIS) Public Services TriMet will coordinate with the police departments, fire and rescue providers, schools, USPS, and Conduct of construction plan (see section 3.15, hospitals regarding construction detours and changes that will occur as a result of project prepared for WRTB starting on page 3-280 construction. construction, and east and of PMLR FEIS) west segments. Safety and Security None required. n/a (see section 3.16 starting on page 3-290 of PMLR FEIS) Section 4(f) Construction period impacts to Section 4(f) properties will be addressed in accordance with the Detour routes have been (see section 3.17, mitigation commitments defined in the Final Section 4(f) Evaluation and its accompanying letters of implemented in coordination starting on page 3-300 concurrence and agreements. with local jurisdictions and of PMLR FEIS) parks agencies, per 4(f) letters. Traffic/Transit During construction, affected transit stops will be temporarily relocated to the nearest possible Included in Conduct of (see Chapter 4 of the location on the same transit route without interfering with the construction process. Construction plans for various PMLR FEIS) During construction, temporary sidewalks and/or pathways will be provided to replace any sidewalks construction segments. and/or trails adjacent to the project that are affected by construction. Contractor has identified staging areas in order to To minimize the amount of truck excavation trips to and from the sites, efforts will be made to minimize impacts on adjacent recycle as much of the excavated earth from the project sites as practical. neighborhoods and A comprehensive public outreach program will be developed to inform local residents and businesses. businesses of potential delays and impacts to the local street network due to temporary construction. th Transit detour routes have In the vicinity of the TriMet Center Street Facility (17 Avenue area), to help minimize on-street been implemented as parking impacts and where available, temporary parking will be identified to mitigate the temporary needed to ensure continued loss of on-street parking due to construction. access to transit in disturbed Where available, staging areas will be used to help minimize the impact of materials and equipment areas. intruding into surrounding residential or commercial areas. Temporary parking has been utilized at the Center Street

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50 Significant Impact Mitigation Status Topic facility in both the bus yard and adjacent remainder properties along SE 17th Ave. Biological Opinion In-Water Work Periods - All work within the active channels of project waterways will be BA/BO requirements shared (see Appendix Q of the completed in accordance with the Oregon Guidelines for Timing of In-Water Work to Protect Fish with design build contractors PMLR FEIS) and Wildlife Resources (ODFW 2008). Specific to this project, these in-water work periods are: and incorporated into WRB Johnson Creek and tributaries (Crystal Springs, Crystal, and Spring creeks), July 15 to August 31; contract requirements. Kellogg Creek and tributaries (Courtney Springs Creek), July 15 to September 30; and Willamette River, July 1 to October 31 (July 10 to October 15 for pile driving operations). TriMet requesting extension Cessation of Work - Project operations shall cease under high-flow conditions that may result in of in-water work window for inundation of the project area, except for efforts to avoid or minimize resource damage. The project Courtney Springs culvert shall protect cofferdams from overtopping and fish harm. repairs through Oct 2013. Piling Installation - When possible, a vibratory hammer shall be used to install pilings. If the use of an impact hammer is necessary to install the piling to the load-bearing depth, the piling will be Pile driving and installed first with a vibratory hammer, until it proves no longer effective, and then proofed with an hydroacoustical monitoring impact hammer. When using an impact hammer to drive or proof steel piles, one of the following occurred at Kellogg Lake in sound attenuation devices must be used to reduce sound pressure levels by a minimum of 10 dB: August and September 2012. (1) Completely isolate the pile from flowing water by dewatering the pile. (2) If water velocity is 1.6 NMFS staff observed feet per second or less, surround the piling being driven by an unconfined bubble curtain that will monitoring. TriMet submitted distribute small air bubbles around 100% of the piling perimeter for the full depth of the water in-water work window report to column. (3) If water velocity is greater than 1.6 feet per second, surround the piling being driven by a NOAA Fisheries March 2013. confined bubble curtain (e.g., a bubble ring surrounded by fabric or metal sleeve) that will distribute

air bubbles around 100% of the piling perimeter for the full depth of the water column. TriMet and contractor held pre- Bubble Curtain - For each pile to be driven in the water, install and operate a bubble curtain with construction meetings for work the following specifications: (1)General - A confined bubble curtain is composed of an air within sensitive areas to compressor(s), supply lines to deliver the air, distribution manifolds or headers, perforated aeration ensure contractors and pipe(s), and a means of confining the bubbles. (2) The confinement shall extend from the substrate inspectors understand to a sufficient elevation above the maximum water level expected during pile installation such that requirements of the BO. when the air delivery system is adjusted properly, the bubble curtain does not act as a water pump (i.e., little or no water should be pumped out of the top of the confinement system). (3) The confinement shall contain resilient pile guides that prevent the pile and the confinement from coming Piling removal methods have into contact with each other and do not transmit vibrations to the confinement sleeve and into the been coordinated with water column (e.g. rubber spacers, air filled cushions). (4) In water less than 15 meters deep, the USACOE staff to ensure system shall have a single aeration ring at the substrate level. In waters greater than 15 m deep, the compliance with BO. system shall have at least two rings, one at the substrate level and the other at mid-depth. (5) The lowest layer of perforated aeration pipe shall be designed to ensure contact with the substrate without sinking into the substrate and shall accommodate for sloped conditions. (6) Air holes shall

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51 Significant Impact Mitigation Status Topic be 1.6 mm (1/16-inch) in diameter and shall be spaced approximately 20 mm (3/4 inch) apart. Air holes with this size and spacing shall be placed in four adjacent rows along the pipe to provide uniform bubble flux. (7) The system shall provide a bubble flux of 2.0 cubic meters per minute per linear meter of pipe in each layer (21.53 cubic feet per minute per linear foot of pipe in each layer). The total volume of air per layer is the product of the bubble flux and the circumference of the ring: Vt = 2.0 m3/min/m * Circ of the aeration ring in m or Vt = 21.53 ft3/min/ft * Circ of the aeration ring in feet (8) Flow meters shall be provided as follows: (a) Pressure meters shall be installed at all inlets to aeration pipelines and at points of lowest pressure in each branch of the aeration pipeline. (b) Flow meters shall be installed in the main line at each compressor and at each branch of the aeration pipelines at each inlet. In applications where the feed line from the compressor is continuous from the compressor to the aeration pipe inlet the flow meter at the compressor can be eliminated. (c) Flow meters shall be installed according to the manufacturer’s recommendation based on either laminar flow or non-laminar flow. Contaminated Sediments - Resuspension of contaminated sediments in the water column will be minimized during in-water work at the Willamette River and Kellogg Lake. Sediments within the footprint of the work bridges or areas of riverbed disturbance at the Willamette River would be capped with a clean sand layer prior to pile installation. At Kellogg Lake, similar measures may be taken if deemed necessary. Hydroacoustic Monitoring - Hydroacoustic monitoring of impact pile installation will occur according to a protocol approved by NMFS. Pile Driving Monitoring - The FTA shall prepare a pile driving monitoring plan, as described in WSDOT (2009), at least 60 days before pile driving commences, and submittal. Pile driving shall be monitored at a minimum of two locations, approximately 30 feet and 521 feet (Willamette) and 154 feet (Kellogg) from the piles. At Johnson and Crystal Springs Creek pile driving will be monitored in water, in line with the crossing. During construction, pile driving activities shall be monitored. If an impact hammer is used and hammer strikes are exceed, contact NMFS immediately at 503-231- 2307 or [email protected]. Temporary Bridge Pile Removal. Temporary piles shall be removed with a vibratory hammer and shall never be intentionally broken by twisting or bending. Except when piles are hollow and when they were placed in clean, sand-dominated substrate, the holes left by the removed pile shall be filled with clean, native sediments immediately following removal. No filling of holes shall be required when hollow piles are removed from clean, sand-dominated substrates. Fish Capture and Release - In accordance with an approved fish salvage plan, a qualified biologist will capture and remove fish in any area that is to be isolated from the active channel of any project waterway. Sick, injured, or dead fish - The applicant posts the following notice prominently at the work site: NOTICE: If a sick, injured or dead specimen of a threatened or endangered species is found in the

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52 Significant Impact Mitigation Status Topic project area, the finder must notify NMFS through the contact person identified in the transmittal letter for this Opinion, or through the NMFS Office of Law Enforcement at 1-800-853-1964, and follow any instructions. If the proposed action may worsen the fish’s condition before NMFS can be contacted, the finder should attempt to move the fish to a suitable location near the capture site while keeping the fish in the water and reducing its stress as much as possible. Do not disturb the fish after it has been moved. If the fish is dead, or dies while being captured or moved, report the following information: (1) NMFS consultation number; (2) the date, time, and location of discovery; (3) a brief description of circumstances and any information that may show the cause of death; and (4) photographs of the fish and where it was found. The NMFS also suggests that the finder coordinate with local biologists to recover any tags or other relevant research information. If the specimen is not needed by local biologists for tag recovery or by NMFS for analysis, the specimen should be returned to the water in which it was found, or otherwise discarded. Fish Passage. Fish passage must be provided for any adult or juvenile fish within the action area during construction, unless passage did not exist prior to construction. After construction, fish passage that meets NMFS’s fish passage criteria (NMFS 2008a) must be provided for the life of the project. Fish Screens - NMFS must review and approve all fish screens for surface water diverted by gravity or pumps that exceeds the flow rate of 3 cubic feet per second. Each fish screen must be installed, operated, and maintained according to NMFS’s fish screen criteria (NMFS 2008a). Surface Water Diversion - Surface water may be diverted only if water from developed sources is unavailable or inadequate. When surface water is diverted, water shall only be taken from the source with the greatest flow, and a fish screen that meets the above criteria shall be utilized. No water will be diverted from Crystal Springs Creek, Johnson Creek, Crystal Creek, Spring Creek, or Courtney Springs Creek. Construction Discharge Water - All water discharged during construction (e.g., concrete washout, pumped water for work area isolation, and drilling fluids) shall be treated with the best available technology in order to remove any contaminants, sediments, debris, etc. Pollutants such as green concrete, contaminated water, silt, welding slag, sandblasting abrasive, or grout cured less than 24 hours shall not be allowed to contact any wetland, waterbody, or stream channel below OHW. Staging Areas - The environmental impacts of heavy machinery on-site will be minimized to the greatest extent possible. A vehicle staging area will be located 150 feet or more from any waterbody or in an isolated hard zone. Vehicles will be fueled, maintained, and stored in this location. Vehicles and equipment will be inspected daily for fluid leaks before operation within 50 feet of any waterbody, and will be repaired, if necessary, before leaving the staging area. Inspections will be documented in a record that will be available for review on request. Vehicles will be steam-cleaned before operation below OHW and as often as necessary to ensure that mud, grease, external oil, and other contaminants do not enter surface water. Generators, pumps, cranes, and any other stationary equipment operated within 150 feet of waterbodies shall be diapered, contained, and

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53 Significant Impact Mitigation Status Topic maintained as necessary to prevent contaminants from entering surface waters. Preconstruction Activity - Before significant alteration to the action area, the clearing limits shall be flagged, and erosion and sediment controls shall be installed and properly functioning. Site Preparation - Native materials found on-site (e.g., large wood, vegetation, topsoil, and channel bed materials) shall be preserved to the greatest extent possible and used in restoration. Pesticide-Treated Wood - Pesticide-treated wood will not be installed below OHW. During the removal of pesticide-treated wood piers on-site, no wood debris shall be allowed to fall into the water, and any debris falling into the water shall be removed immediately. Pesticide-treated wood and debris will be disposed of properly, and will be stored in a dry place away from OHW until disposal. Erosion and Sediment Control Plan and Pollution Control Plan - These plans shall describe practices that will be used to: contain and control a spill of hazardous materials; avoid or minimize pollution and erosion at all roads, stream crossings, drilling sites, construction sites, borrow pits, equipment and material storage sites, fueling operations, and staging areas; control dust pollution; prevent construction debris from dropping into any waterbody, and to remove any material that does drop with a minimum of disturbance; avoid or minimize resource damage if the action area is inundated by precipitation or high stream flow; stabilize all disturbed soils following any break in work, unless construction will resume within four days; and inspect erosion and sediment controls, monitor in-stream turbidity, and make repairs to best management practices that are not functioning correctly. Site Stabilization - All disturbed areas shall be stabilized following any break in work unless construction will resume within four days. Work Area Isolation - Any action, except for piling installation or removal, that involves a substantial amount of excavation, backfilling, embankment construction, or similar work below OHW where adult or juvenile fish are reasonably certain to be present, or 300 feet or less upstream from spawning habitats, must be effectively isolated from the active stream. A work area isolation plan will be developed and reviewed by NMFS before the commencement of this work. Site Restoration - Any action that results in significant disturbance of riparian vegetation, soils, streambanks, or the stream channel must clean up and restore those features after the action is complete. If disturbance is to occur, a notification shall be sent to NMFS explaining how site restoration will be completed. Scour Protection - Permanent scour protection will be necessary at the Willamette River bridge’s two in-water tower structures. The scour protection installed around the western tower will minimize potential disturbance to the Zidell Companies’ sediment cap and to contaminated materials within their sediment management area. Scour protection will also be provided for the west work bridge piles below OHW inside Zidell’s sediment management area, in addition to the scour protection

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54 Significant Impact Mitigation Status Topic around the western tower. Permanent scour protection at the eastern tower will prevent the undermining of the City of Portland’s 36-inch critical water line and other nearby utility lines.

3. Major Permit Requirements

The following are the permit requirements or conditions that TriMet commits to complete as part of permit approvals obtained for the South Corridor: Portland-Milwaukie Light Rail Project.

Permit New Requirements Resulting from Permit Conditions Status US Army Corp of Aquatic Life Movements: No activity may substantially disrupt the movement of those species of Permit requirements have Engineers 401 and 404 aquatic life indigenous to the water body, including those species that normally migrate through the been provided to TriMet’s permits area. Unobstructed fish passage must be provided for at all times during dredging and disposal contractors performing in-water activities. Exceptions to this condition must be reviewed and approved in writing in advance by work. ODFW and NMFS. Requirements such as turbidity Cessation of Work: Under high flow conditions that may result in inundation of any project area in, monitoring reports are required over, or near water, project operations must cease, except for efforts to avoid or minimize turbidity or of such contractors and will be other resource damage as a result of the exposed project area. provided to TriMet following the completion of contracted work. Coordination of In-Water Construction of Willamette River Bridge and Zidell Cap: TriMet has signed a Memorandum of Understanding with Zidell (and Oregon Health Sciences University) and prepared Piling removal activity a plan jointly with Zidell, for coordination of construction timing and design, such that a seamless completed August 2011 and gradation of new substrate materials will be placed at the interface of the sediment contamination as-built report received and remediation cap and the west bridge pier in the Willamette River. During placement of substrate approved by USACOE. materials between the Zidell sediment cap and TriMet west bridge pier: (a) TriMet must continue to coordinate with Zidell and DEQ's Cleanup Section to refine and An USACE inspection of the implement this plan to prevent unintended suspension and mobilization of contaminated sediment; Willamette River Bridge and, construction site on September (b) In the event that construction timing of either project changes, TriMet must coordinate with Zidell 19, 2011 found the Project in and DEQ's Cleanup Section to determine the best approach for minimizing the potential for compliance with the Corps’

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55 Permit New Requirements Resulting from Permit Conditions Status suspending and mobilizing contaminated sediment at the Zidell project area. permits.

Implementation of all practical BMPs during work in, over, or near water to minimize and contain Letter dated 7/26 from Army turbidity caused by TriMet activities. Turbidity monitoring must be conducted and recorded during all Corps approves minor design in-water activities. changes around waterways and wetlands. Deleterious waste materials: Biologically harmful materials and construction debris including, but not limited to: petroleum products, chemicals, cement cured less than 24 hours, welding slag and Permit modification grindings, concrete saw cutting by-products, sandblasted materials, chipped paint, tires, wire, steel approved for Westmoreland posts, asphalt and waste concrete may not be placed in or where they could enter waterways or Park design and wetlands. construction date. (a) Concrete, cement, or grout must be cured for at least 24 hours prior to any contact with flowing Extensions to in-water work waters; windows have been (b) Only clean fill, free of waste and polluted substances, may be used; reviewed and approved, as (c) BMPs must be employed to prevent discharges of spills of deleterious materials to surface or needed. ground water; (d) An adequate supply of materials needed to contain deleterious materials during a weather event must be maintained at the project construction site and deployed as necessary; and (e) All foreign materials, refuse, and waste must be removed from the area.

Piling Removal: Vibratory extraction is the preferred method of pile removal. The following measures must be applied to reduce the incidence of sediment disturbance and contaminant mobilization. (a) Use a trained equipment and crane operator to: i. Install a floating surface boom for capture and containment of debris and floatable pollutants; ii. Vibrate each pile to break the skin friction bond between pile and sediment, to avoid pulling out a large block of soil and possibly breaking off the pile in the process; iii. Remove each pile slowly; iv. Do not allow extraction equipment (e.g., bucket, steel cable, vibratory hammer) to enter the water; and, v. Once loose, immediately transfer the piling along the most direct route to a contained, dry storage site; (b) Pile cutoff is an acceptable alternative if vibratory extraction or pulling is not feasible. When cutting is necessary: i. Time work to occur at lowest water possible; ii. Use a pneumatic underwater chainsaw; and, iii. In areas that are tidally influenced or prone to scour, cut the pile at least three feet below the sediment surface. (c) Pile Handling and Disposal

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56 Permit New Requirements Resulting from Permit Conditions Status i. Ensure that no treated wood debris falls into waters of the state, and if it does, it must be removed immediately and disposed of properly; ii. Immediately place removed pilings into a contained, dry storage site; iii. Do not leave treated wood pile{s) in the water or stacked on the stream bank; and, iv. Dispose of all treated wood debris removed during a project, at an upland facility approved for hazardous materials of this classification. US Coast Guard A bridge fendering system shall be installed and maintained in good condition by and at the expense Compliance with the permits Bridge Permit of the owner of the bridge when so required by the District Commander. Said installation and will be placed on the bridge maintenance shall be for the safety of navigation and be in accordance with plans submitted to and contractor and verified by approved by the District Commander prior to its construction. TriMet environmental staff and project management. Clearance gauges shall be installed and maintained in a good and legible condition by and at the expense of the owner of the bridge. The type of gauges and the locations in which they are to be installed will be submitted to the District Commander for approval.

All parts of the temporary works as shown on the approved plan sheet 3 (of 3) dated 2 July 2010 shall be removed in their entirety and the waterway cleared to the satisfaction of the District Commander. Such removal and clearance shall be completed by and at the expense of the owner of the bridge by 15 November 2014. Portland Harbor Assurance that the location of the existing 36" submerged Marquam Crossing waterline is known TriMet has demonstrated to the Master Approval within the construction zone, and there will be continuous monitoring of the location throughout all in- Harbor Master and the water construction work, including visual monitoring during placement of piles for the temporary work Portland Water Bureau that it bridge. has adequately addressed these requirements through its Scour protection for 36" submerged Marquam Crossing waterline both short-term during in-water contract with Kiewit construction work, and long term due to location of permanent bridge supports. Corporation.

Impact of vibrations on soil supporting submerged Marquam Crossing waterline from installation of coffer dam structure, and pile driving for temporary bridge supports and permanent bridge supports. ODFW Fish Passage Willamette River Kiewit Corporation and TriMet Approvals The Applicant shall be responsible for all monitoring, reporting, and maintenance through staff will monitor accumulation construction contract management that may be required such that the temporary and permanent of drift materials and report to bridges, associated bridge support structures, and fill material(s) are maintained during the project to ODFW staff as needed. prevent the accumulation of drift materials (large woody debris and bedload). Excessive drift material(s) that accumulates on or against the components of the project may result in increased flow velocities and preclude upstream fish passage of native migratory fish. ODFW staff will provide input if and when drift material begins to accumulate within the project area and we believe fish passage may be compromised.

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57 Permit New Requirements Resulting from Permit Conditions Status

Should high flows deposit excess drift materials to the extent that ODFW believes fish passage has been compromised, TriMet shall be responsible for providing fish passage monitoring reports within 30-days of excessive drift material(s) accumulation in the project area during construction. Monitoring and reporting shall consist of a summary of the fish passage conditions and fish passage performance with particular emphasis on flow velocities and water depths through the project during the appropriate fish passage design flows. Monitoring and reporting shall be based on visual observations and established photo points particularly with regards to fish passage conditions and fish passage performance through the project area and directly associated with construction activities and structures.

Kellogg Lake All temporary work bridge elements, including scour protection, pilings, and cofferdams shall be completely removed after the completion of the permanent structure.

Any drift material, or debris that accumulates on the temporary work bridge structure, specifically after winter storm events, shall be promptly removed to avoid any negative impacts to fish passage through the project reach.

Crystal Springs, Johnson Creek, Spring Creek, and Courtney Springs No additional requirements placed on project provided the project design spans the active channel of Crystal Springs and Johnson Creek, as currently designed.

An exemption letter was issued for the Courtney Springs, provided the project design does not change in the vicinity of this waterway. NPDES - 1200C for Prohibits visible or measurable quantities of sediments from leaving the construction site and Kiewit Corporation, construction entering directly into surface waters, or to conveyance systems that discharge to surface waters, and Stacy/Mowat, and SWI are all prohibits violations of the state’s in-stream water quality standards. If this occurs, permit registrants contractually obligated to are required to take corrective action to stop the discharge to surface water and submit a report comply with permit outlining the corrective actions taken. requirements. TriMet will monitor compliance through Requires permit registrants to implement a Sediment and Erosion Control Plan that meets new best TriMet inspection team. management practices.

Requires daily inspections of erosion control measures when runoff is occurring.

Requires permit registrants to record all inspections and to keep all records up-to-date and on site.

Requires all erosion control measures remain in place through the duration of construction project.

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58 Permit New Requirements Resulting from Permit Conditions Status DSL Removal and Fill Pre-construction Resource Area Flagging: Before any site grading, the surveyed boundaries of Requirements shared with Permit the avoided wetlands adjacent to Crystal Springs Creek shall be surrounded by bright orange CM/GC – Stacey Witbeck Inc. construction fencing and erosion control material, which shall be maintained during construction of the project. There shall be no heavy equipment within fenced areas, except during wetland mitigation construction. TriMet executed IGA with City for transfer of funds and restoration of Westmoreland Mitigation Construction Schedule for Westmoreland Park Pond site: The mitigation site shall be Park Pond site. Restoration constructed in accordance with the following timetable: work will begin one year later a. Grading shall be started by July 2012 and completed by October 2013. than anticipated, as approved b. Planting shall be started by October 2012 and completed by March 2013. by DSL and Army Corps.

TriMet submitted modification to permit to allow for delayed construction of the Westmoreland park pond wetland restoration project. DSL approved the modification to allow construction to occur in summer 2013. Portland Greenway East Greenway East Greenway – Permit Review As part of any permit review, the applicant shall provide a final grading plan demonstrating how fill in requirements shared with the floodplain is offset by excavation; the final grading plan shall also depict removal of fill and design team and bridge DB retaining walls for the temporary soil test pit access road, and restoration of that area to its original contractor – DEA and Kiewit. grade. Final grading plan was The temporary soil test pit access road shall be restored to its original grade within 30 days of completed in March 2011. drilling. Soil test pit access road was Prior to issuance of City building permits, the applicant shall notify all affected property owners of restored by DB contractor. the temporary rise in flood elevations according to FEMA’s Temporary Encroachments into the Floodway TriMet notified property owners through newspaper notice. Temporary construction fencing shall be installed around project site and construction vehicles are limited to within this area. Construction fencing shall be placed along the perimeter of the “Project Construction fencing installed Area Submitted For Review” depicted on Exhibit C.5 Site Plan, or as required by inspection staff by DB contractor and will be

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59 Permit New Requirements Resulting from Permit Conditions Status during the plan review and/or inspection stages. maintained by East segment CM/GC contractor. Removal of the temporary work bridge, and complete restoration and planting of the areas covered by the temporary work bridge, temporary soil-test-pit access road, retaining wall, and soil test pits, Final inspections and removal shall occur from entirely within the designated construction disturbance area (Project Area, shown on of temporary bridge scheduled Exhibit C.5), and shall occur within one year of completion of construction of the Willamette River to occur in 2014. Transit Bridge. Plant monitoring will be done An inspection of Permanent Erosion Control Measures shall be required to document installation of by CM/GC contractor and the required plantings. supervised by TriMet staff.

The landscape professional or designer of record shall monitor the required plantings for two years West Greenway – In lieu of to ensure survival and replacement as described below. The land owner is responsible for ongoing development agreement and survival of required plantings beyond the designated two-year monitoring period. The landscape financial contribution to professional shall provide a minimum of two letters (to serve as monitoring and maintenance reports) development of future to the Hosford-Abernethy Neighborhood Association and to the Land Use Services Division of the landscaping and plaza beneath Bureau of Development Services (Attention: Greenway Review planner for LU 10-169588 GW) bridge, TriMet and other containing the monitoring information described in permit. Submit the first letter within 12 months parties agreed that TriMet may following approval of the Permanent Erosion Control Inspection of the required plantings. Submit construct the plaza subsequent letters every 12 months following the date of the first monitoring letter. improvements at time of bridge construction. West Greenway Executed Development Agreements (DA's) shall be copied to the Bureau of Development Services Portland-TriMet IGA for by December 31, 2011, and shall include the following: shallow water habitat 1. The Development Agreements shall be reviewed and approved as to form by Portland's City restoration in South Waterfront Attorney before they are executed. Central District was executed 2. The Development Agreements shall include provisions for the following improvements: in summer 2011. • Greenway trail and plaza for the "Fee Parcel"-the area under the Willamette River Transit Bridge to be owned by Tri-Met, as shown graphically throughout Exhibits C.1-70; and Derelict pile field removal was • Greenway Access and Transition Trails, as shown graphically throughout Exhibits C.1-70; completed August 2011. 3. The applicant shall include the following in the Development Agreement for the Fee Parcel

and the Access and Transition Trails: • A description and site plan indicating the location, design, and aerial extent of trail Temporary work bridge will be connections and landscaping to be provided; removed by West CM/GC • The responsible parties for proposed work; contractor or bridge DB • The basis for the financial agreement between the parties, demonstrating how the access contractor. trails and the plaza will be funded through the agreement; and • The proposed schedule and proposed timing of construction/installation of proposed Central District wetland

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60 Permit New Requirements Resulting from Permit Conditions Status improvements. Improvements shall be reviewed and constructed concurrently with adjacent mitigation funding has been development. provided to City of Portland.

Wetland Mitigation in the Central District: The applicant shall provide funding as described in the October 14, 2010 MOU between City and TriMet to ensure creation of 25,000 square feet of enhanced shallow water habitat in the Central Reach of the South Waterfront greenway. 1. The applicant and the City shall execute the Final Agreement for Wetland Mitigation in the Central District by March 31, 2011. 2. The applicant shall provide the funding for Wetland Mitigation in the Central District by December 31, 2013. 3. The Central Reach shallow water habitat project is subject to City land use review and permitting approval.

Derelict Piling Removal: The applicant shall conduct the removal of approximately 180 derelict piles in the Lower Willamette River by October 31, 2011.

Removal of the temporary work bridge shall occur within one year of completion of construction of the Willamette River Transit Bridge. Portland Tree Removal Project is responsible for tree mitigation on a “caliper-inch basis.” The mitigation program will be a An agreement reached with Permit/MOU value calculated by multiplying the mitigable caliper-inch deficit by $300.00/caliper inch. City Forester regarding appropriate mitigation amount. ODOT Right-Of-Way Requirements include closure of driveway approaches on 99E near Harold, and improved line-of- Requirements of approach, and Other Permits sight. signal modifications, and general permit being implemented by construction contractor, including submission of traffic control plans preceding all work on state highways, restrictions on time of highway use, and tree/shrub pruning to maintain lines of sight. Portland Design Various design measures required. All design review applications Review approved by City and required design measures incorporated into IFC plans. Johnson Creek Plan No construction within floodway prior to completion of a no net rise certification. No net rise certification District, Conditional completed July 2012.

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61 Permit New Requirements Resulting from Permit Conditions Status Use, and Mitigation planting and monitoring required along banks of Johnson Creek. Environmental Overlay Mitigation plantings scheduled approvals following completion of civil work.

TriMet is partnering with the Johnson Creek Watershed Council to allow for additional restoration efforts to occur in sync with TriMet improvements. Improvements are under construction Milwaukie Permits Kellogg Bridge structure and Trolley Trail modifications – Approved with Conditions November 23, Trolley Trail modification (Community Service 2011. Major conditions include: approved by Planning Use, Water Quality Commission on Nov. 23, 2011 Resource Overlay, • Maintain and monitor mitigation planting areas for 5 years post construction. and Kellogg structure approved Willamette Greenway by City Council on January 17, Approval, Design • Construct a pedestrian bridge if funding becomes available on or before February 1, 2013 2012. Review, Habitat • Allow the construction of the ped bridge by any entity. Conservation Area) • Provide a No Net Rise certification for Project features within the floodway. No net rise certification completed and accepted by Downtown station, sig/com building and water quality resource (Crystal Creek) approved with City of Milwaukie in March conditions on June 12, 2012 and July 26, 2012, respectively. Conditions include: 2012. • Provide additional public seating and bicycle parking spaces to City’s satisfaction. • Submit photometric studies to show that no excessive glare or light trespass onto adjacent City received ODOT grant to properties. construct pedestrian bridge. TriMet working with City to

construct bridge. A substation in downtown Milwaukie received land use approval on September 25, 2012.

Conditions of approval required implementation of design elements as proposed by TriMet and allowed flexibility for implementation of solar roof option, if funding available. All minor modifications to Trolley Trail approvals are being reviewed and approved by City of Milwaukie, as necessary. Clackamas County Clackamas County approved conditional use and habitat conservation area land use requests with TriMet is incorporating bus Permits (Design no special conditions. shelter and transit tracker into

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62 Permit New Requirements Resulting from Permit Conditions Status Review, Conditional project design. Use and Habitat Design review for the station area was approved with special conditions, as follows: Conservation Area) th • TriMet to pay for ¼ of maintenance of 27 /Park Ave intersection traffic control for 15 years Park-and-ride scheduled to be since private driveway to park-and-ride constitutes one leg of intersection. operational prior to project • Park-and-ride must be fully operational before station can open. opening. • TriMet shall install bus shelter and transit tracks on both NB and SB bus stops on McLoughlin Blvd. TriMet will pay cost of ¼ maintenance of intersection for 15 years. Ruby Junction – Half street improvements required on NW Eleven Mile Avenue. Street improvements included Gresham Permits in IFC plans. Building permit (Community Service, issued April 16, 2013. Design Review, and Tree Removal)

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63