1 87850
EXHIBIT A. Amendment No. 6
Intergovernmental Agreement Related to the Operations & Maintenance of the Portland Streetcar System between the Tri-County Metropolitan Transportation District of Oregon and the City of Portland
This Amendment No. 6 to the Intergovernmental Agreement Related to the Operations & Maintenance of the Portland Streetcar System ("Agreement"), is made and entered into between the Tri-County Metropolitan Transportation District of Oregon (TriMet) and the City of Portland (City), ( collectively referred to as "the Parties"), effective July 1, 2016.
RECITALS:
(A) The Paiiies executed the Agreement on August 8, 2012, with an effective date of September 1, 2012.
(B) The Agreement is amended annually to set forth specific TriMet funding to City for Streetcar operations for the upcoming fiscal year. The Agreement has been amended 5 times since initial execution August 8, 2012, and execution of Amendment 5 on November 23, 2015.
(C) This Amendment No. 6 to the Agreement includes the following updates and revisions to the Agreement: 1. The entire Agreement is re-stated in Exhibit 1 of this Amendment 6, to incorporate the original Agreement executed August 8, 2012, all prior Amendments 1 through 5, and the following revisions by this Amendment 6. The purpose of re-stating the entire Agreement is only to facilitate administration of the Agreement by the Parties. 2. The Agreement is updated as needed to remove obsolete and outdated provisions. 3. Section II of the Agreement, Funding for Streetcar Operations & Maintenance, is revised to: a. specify TriMet funding to City for Streetcar operations for FY16/17 (July 1, 2016 through June 30, 2017); and b. establish an annual "true-up" review of actual fiscal year Streetcar operating costs and fare revenues, to detennine if TriMet funding to City for Streetcar operations for such past fiscal year should be adjusted accordingly.
Pagel of25 1 8 78 50 .
AGREEMENT:
This Agreement, as completely re-stated in Exhibit 1 of this Amendment 6, constitutes the entire agreement of the Parties on the subject matter hereof, and supersedes the original Agreement executed August 8, 2012, and all prior Amendments 1 through 5.
The individuals signing below represent and warrant that they have authority to bind the party for which they sign.
City of Portland Tri-County Metropolitan Transportation District of Oregon
By: ______By: ______Steve Novick, Commissioner-in-Charge Neil Mcfarlane, General Manager
Dated: ------Dated: ------
By: ______Shelley Devine, General Counsel
Page 2 of25 187850 Amendment No. 6 Exhibit 1
AGREEMENT:
I. Term
This contract is effective on September 1, 2012, and will tenninate on June 30, 2017, unless otherwise terminated under Section VI. D. Early Termination.
II. Funding for Streetcar Operations & Maintenance
A. Funding Process and Amounts
The City and TriMet will each contribute operations and maintenance funding to the Portland Streetcar during the period of this Agreement, based on a July 1 - June 30 fiscal year.
The City will determine its funding level through its normal budget process, as approved by the City Council, and will coordinate with TriMet regarding development of that budget. TriMet's contribution will be developed during its annual budget development process, as approved by the TriMet Board of Directors, and will coordinate with the City regarding development of that budget.
In FY12/13, TriMet funding to City for Streetcar operations will be as follows: For July and August 2012, TriMet will make two equal monthly payments to the City in the amount of $248,275.90, attributable to Westside Streetcar operations, as set out in Amendment 5 to the April 19, 2001 Portland Streetcar Funding Agreement. For September 2012, assuming a revenue start date of September 22, 2012 for the Loop project, TriMet will pay the amount of $283,893.91 to the City, consisting of $248,275.90 attributable to Westside Streetcar operations, and $35,618.01 attributable to Eastside Streetcar operations for one- third of September 2012. For October 2012 through June 2013, TriMet will make equal monthly payments to the City in the amount of $330,270.83, consisting of $230,896.58 attributable to Westside Streetcar operations, and $99,374.25 attributable to Eastside Streetcar operations. Total FY12/13 TriMet funding to City for Streetcar operations will be $3,752,883.18. TriMet's FY12/13 monthly payments to City for Streetcar operations reflect a 7% reduction effective October 2012, due to TriMet budget conditions.
In FY13/14, TriMet funding to City for Streetcar operations will be as follows: For July 2013 through June 2014, TriMet will make equal monthly payments to the City in the amount of $337,206.50, consisting of $235,745.40 attributable to Westside Streetcar operations, and $101,461.10 attributable to Eastside Streetcar operations. Total FY13/14 TriMet funding to City for Streetcar operations will be $4,046,478.00, a 2.1 % increase from the FY12/13 funding level, reflecting the rate of change in the Portland All Urban Consumers Price Index report for December 2012 compared to December 2011.
Page 3 of25 ll. 87850 In FYI 4/15, TriMet funding to City for Streetcar operations will be as follows: For July 20 14 and August 2014, TriMet will make equal monthly payments to the City in the amount of $345,643.39, consisting of $241,643.74 attributable to Westside Streetcar operations, and $103 ,999.65 attributable to Eastside Streetcar operations. For September 2014 through June 2015, the monthly payment amount for Westside Streetcar operations will be increased by $8,400 on a one-time basis, for Streetcar enhanced service to the OUS Collaborative Life Science Building from its September 2014 opening, until the opening of Portland-Milwaukie Light Rail, Fall 2015. Therefore, for September 2014 through June 2015, TriMet will make equal monthly payments to the City in the amount of $354,043.39, consisting of $250,043.74 attributable to Westside Streetcar operations, and $103,999.65 attributable to Eastside Streetcar operations. Total FY 14/15 TriMet funding to City for Streetcar operations will be $4,231,720.68, a 2.5% increase from the FY13/14 funding level, reflecting the rate of change in the Portland All Urban Consumers Price Index report for December 2013 compared to December 2012.
Total FY15/16 TriMet funding to City for Streetcar operations will be $7,271,090, reflecting TriMet's share of Streetcar's net operating cost (after fares) for FY 15/16, as determined by a joint decision-making process between TriMet and City originally defined in the August 8, 2012 Streetcar Master Agreement between TriMet and City, as set forth below and in the attached and incorporated Exhibit 1 to this Section II.A. From July 2015 through June 2016, TriMet will make equal monthly payments to the City for Streetcar operations in the amount of $605,924.17.
A. Streetcar Operating Cost Net of Fares, to Allocate Between City and TriMet $ 10,452,066 B. NS Line Portion of (A) 4,479,457 C. CL Line (Loop) Portion of(A) 5,972,609 D. _Tri Met Funding Share of (B) for FY 15/16: 73.33% per Master Agreement 3,284,786 f--- E. TriMet Funding Share of (C) for FY 15/ 16: 50.00% 12er Master Agreement 2,986,304 F. TriMet Fare Revenue Applicable to Streetcar in FY 15/16* 1,000,000 G. Total TriMet Funding to Streetcar in FYl5/ 16 (D+E+F) $ 7,271 ,090 H. TriMet equal monthly payments to City, July 2015 through June 2016 $ 605,924.17 * after FYl 5/16, TriMet fare revenue applicable to Streetcar is to be collected by the City, via the "e-fare" system.
Total FY16/l 7 TriMet funding to City for Streetcar operations will be $7,524,245, reflecting TriMet's share of Streetcar's net operating cost (after fares) for FY 16/17, as determined by a joint decision-making process between TriMet and City originally defined in the August 8, 2012 Streetcar Master Agreement between TriMet and City, as set forth below and in the attached and incorporated Exhibit 2 to this Section II.A. From July 2016 through June 2017, TriMet will make equal monthly payments to the City for Streetcar operations in the amount of $627,020.41.
A. Streetcar Operating Cost Net of Fares, to Allocate Between City and TriMet $ I 0,874,00 I B. NS Line Portion of (A) 4,660,286 C. CL Line (Loop) Portion of (A) 6,213,715 D. Tri Met Funding Share of (B) for FY 15/16: 73.33% per Master Agreement 3,417,388 E. TriMet Funding Share of (C) for FY 15/16: 50.00% per Master Agreement 3, l 06,857 F. TriMet Fare Revenue Applicable to Streetcar in FY16/17* 1,000,000 G. Total TriMet Funding to Streetcar in FY16/l 7 (D+E+F) $ 7,524,245 H. TriMet equal monthly payments to City, July 2016 through June 2017 $ 627,020.41 * after FY 16/17, TriMet fare revenue applicable to Streetcar is to be collected by the City, via the "e-fare" system.
Page 4 of25 1 87:85 0 TriMet's payments to the City will be made on or after the 1st day of the month to which they are attributable. Any payments received by the City later than 10 days from the time they are due will accrue interest at a rate of O. 7 5 % per month.
On an annual basis following June 30 of each year, the City and T1iMet shall conduct an annual review and reconciliation of actual Streetcar operating costs and budgeted operating revenues for the fiscal year just ended. If the results show that the actual Streetcar operating cost net of fares, to allocate between City and TriMet as per the Master Agreement cost responsibility process, is less than was projected for that. fiscal year at the time the TriMet funding to City for Streetcar operations was determined for that fiscal year, then such TriMet funding amount shall be reduced accordingly. Such reduction shall be credited against the amount of TriMet funding to City for Streetcar operations that was determined for the subsequent fiscal year.
Any consideration of increased funding for Streetcar service improvements will occur at the Permanent Executive Group, as set forth under the Master Agreement on Streetcar.
The City and TriMet agree that TriMet will retain revenues from federal State of Good Repair Funds (5309) that are attributable to the Portland Streetcar system.
B. Definition of Operating Costs
TriMet funding will be used by the City for Streetcar system operating and maintenance costs, which include costs directly or indirectly attributable to the staffing, operations, repair, vehicle maintenance and maintenance-of-way. TriMet funds will not be used for current or future capital maintenance or replacement costs of the Streetcar system, or for Staiiup costs as described in Section V.A. Startup Costs.
Other costs considered to be eligible for TriMet participation are the costs associated with the City's compliance with all federal requirements for operations, including but not limited to the Federal Transit Administration's Triennial Review process, reporting to the National Transit Database, Title VI Compliance and additional requirements as set forth in the following Intergovernmental Agreements between TriMet and the City:
1. Intergovernmental Agreement to Disburse Federal Grant Funds for the Portland Streetcar Loop Project - Project Development Phase (TriMet Contract GH080176TL; City Contract C52920).
2. Intergovernmental Agreement to Disburse Federal Grant Funds for the Portland Streetcar Loop Project - Project Construction Phase (TriMet Contract GH100400TL; City Contract 30000943).
3. Intergovernmental Agreement to Disburse Federal Grant Funds for the SW Moody Street & Streetcar Reconstruction Project (TriMet Contract GH110219TL; City Contract 30001650).
III. TriMet Personnel for Streetcar Operations
A. TriMet Obligations
Page 5 of 25 TriMet will provide to the City certain personnel in accordance with the terms and conditions set forth in the attached and incorporate Exhibit A to this IGA. These personnel will at all times remain TriMet employees. At the beginning of each fiscal year, TriMet 0 will send to the City the budgeted unit costs of wages, benefits, overtime and IQ administrative overhead for TriMet personnel furnished to the City for Streetcar operations 00 and maintenance. f.'.,., 00 TriMet will submit a monthly invoice to the City for its direct and indirect costs and in t=4 accordance with the wages, benefits, overtime and administrative overhead referenced above. TriMet administrative overhead costs will be calculated as I 0% of the sum of all TriMet direct and indirect personnel costs. The I 0% administrative overhead charge shall be deemed as reimbursement to TriMet for its hiring, training, payroll, benefits, administration and related employee support costs in providing and replacing personnel supplied to the City.
The invoice will be supported by a detailed accounting of personnel provided and costs incurred in providing the personnel.
Cost calculations shall be based on actual hours worked and pay earned for each TriMet employee plus fringe, based on employee average rates as follows: - Paid Time Off: paid time off fringe rate * FICA rate= paid time off date Payroll Tax: FICA only (7.65%); TriMet payroll tax not charged Pension: normal cost Workers Comp/Unemployment: based on Workers Comp/Unemployment fringe rate Medical/Dental: based on average cost per union employee Life/Disability: based on average cost per union employee General Fund Overhead: I 0% administrative cost
B. City Obligations
Except for those Streetcar/MAX Track Crossing Facilities Maintained by TriMet as set forth in Exhibit B, the City is responsible for the operation and maintenance of the Streetcar system, including but not limited to the management of personnel provided to the City by TriMet under this IGA, in accordance with the terms and conditions set forth in Exhibit A.
The City will reimburse TriMet for all of its direct, indirect and administrative overhead costs, as set forth above.
The City will make monthly payments to TriMet within 30 days of receiving a TriMet invoice. Any invoices remaining unpaid when due will accrue interest at a rate of 0.75% per month.
Notwithstanding any other provision of this IGA, the City will not withhold any monthly payments to TriMet because it disputes any portion of TriMet's monthly invoice. In the event of a dispute, the Parties will resolve the dispute or seek mediations pursuant to Section VI. I. Mediation.
Estimated City payments to TriMet, for FYI 5/16 through FY 19/20 (July 1, 2015 through June 30, 2020), under Section III of the Agreement, TriMet Personnel for Streetcar Page 6 of25 Operations, Subsection B, City Obligations, and under Section IV of the Agreement, Other TriMet Services · for Streetcar Operations & Maintenance, Subsection F, Cost Reimbursement, are as follows:
TriMet TriMet Other Personnel for Services for Total Streetcar Streetcar Operations Operations FY15/1 6 (July I, 2015 - June 30, 2016) $ 7,575,093 $ 51,500 $ 7,626,593 FY16/ 17 (July l , 2016-June 30, 201 7) 7, 802,346 53 ,045 7, 855,391 FY17/l8 (July l, 2017-June 30, 2018) 8,036,416 54,636 8,091,052 FYJ8/ 19 (July I, 2018- June 30, 2019) 8,277,509 56,275 8,333,784 FYJ9/20 (July 1, 2019 - June 30, 2020) 8,525,834 57,964 8,583,798 Total $40,217,198 $273,420 $ 40,490,618
C. Other Streetcar Work
The City will provide for Streetcar system work not covered in Exhibit A to this IGA through any available means, including through City employees or by contract. At the sole discretion of the City, TriMet may be offered the work whose acceptance will be determined by available resources and the limitations provided for in the Portland Streetcar Supplemental Working and Wage Agreement ("Supplemental WWA") between TriMet and its represented employees Association.
However, for maintenance of overhead electrification, traction substation, rail signal and powered track switches, the City, if it does not assign the work to City employees, will offer TriMet the opportunity to perform the work, under Section IV. Other TriMet Services for Streetcar Operations and Maintenance of this IGA.
If Tri.Met does not accept the offer or work, the City is free to contract with others to perform the work.
IV. Other TriMet Services for Streetcar Operations & Maintenance
At the City's request and subject to available TriMet resources, TriMet may provide other services to the City for Streetcar operations and maintenance, beyond personnel as set forih in Section III. TriMet Personnel for Streetcar Operations of this IGA.
A. Authorized Representatives
Actions of the City and TriMet to administer Other TriMet Services for Streetcar operations and maintenance will be implemented upon the signature of the following Authorized Representatives:
for the City: Gary Cooper Portland Streetcar Maintenance Manager 1516 NW Northrup Street Portland OR 97209 503/823-2199; fax 503/823-2493 Gary. [email protected]
Page 7 of25 or
Lenore DeLuisa Portland Streetcar Operations & Safety Manager 1516 NW Northrup Street Portland OR 97209 503/823-2904; fax 503/823-2493 [email protected]
for TriMet: Dan Caufield Director, Operations Planning and Development TriMet 4012 SE 17 111 Avenue Portland OR 97202 503/962-4803; fax 503/962-5713 CaufielD@trimet.org
B. Work Requests, Work Proposals and Work Authorizations
The Parties agree that their respective Authorized Representatives will establish and maintain written, agreed-upon administrative procedures to process City's requests to TriMet for performing services under this IGA (Work Requests), TriMet's proposals to City of resources, schedule for performance and estimated cost for requested work to be performed to City specifications (Work Proposals) and City's authorization for TriMet to perform work (Work Authorizations).
TriMet will make its best efforts to timely and satisfactorily furnish services requested by the City and will promptly notify the City when TriMet is unable to meet City specifications and schedule for service. When TriMet accepts work offered by the City, TriMet agrees to make its best efforts to assure that support is provided under all emergency circumstances, including snow events.
C. Propulsion Power Furnished by TriMet to Streetcar
The design of each Streetcar/MAX light rail track crossing is configured such that TriMet's light rail propulsion power system is the source of electrical power for propulsion of Streetcar vehicle through the crossings. In addition: • the Loop Project is configured such that TriMet's propulsion power system is the source of electrical propulsion of streetcars for 1.058 miles northbound (counterclockwise) from the NE Holladay/Grand Avenue MAX crossing to the Broadway Bridge, and for 1.064 miles southbound (clockwise) from the 1 Broadway Bridge through the NE Holladay/7 h A venue MAX crossing; and • the Close the Loop ("CTL") Project is configured such that TriMet's propulsion power system is the source of electrical propulsion of streetcars for 0.586 miles eastbound (counterclockwise) from Streetcar's Moody & Meade station, across the Tilikum Crossing, to Streetcar's OMSI / SE Water station, and for 0.578 miles westbound (clockwise) from Streetcar's OMSI / SE Water station, across the Tilikum Crossing, to Streetcar's Moody & Meade station. Page 8 of 25 The cost for TriMet's provision of propulsion power is determined as follows:
• effective September 22, 2012 through August 29, 2015: C =(A* 1.058) + (B* 1.064) • effective August 30, 2015: C = [A *(l .058+0.586)] + [B*(l.064+0.578)] o lt';) E=C*D
G= E * F
where: A = annual Streetcar scheduled trips, counterclockwise on Loop and CTL segments powered by TriMet B = annual Streetcar scheduled trips, clockwise on Loop and CTL segments powered by TriMet C = annual Streetcar car-miles operated on Loop and CTL segments powered by TriMet D = average kilowatt-hours (kWh) per Streetcar car-mile= 5 E = annual kWh supplied by TriMet to Streetcar on Loop and CTL segments powered by TriMet F = TriMet propulsion power average cost per kWh G = annual cost for propulsion power furnished by TriMet to Streetcar
As part of TriMet's billing to the City for Other Services, TriMet will include the monthly cost of propulsion power provided to the City, as calculated above.
D. Safety Rules and Regulations
The City is responsible for managerial coordination and operational and safety interface of the TriMet employees providing Other Services related to Streetcar operations and maintenance. However, TriMet employees providing Other Services will remain under a continuous reporting relationship to TriMet supervisors, and TriMet will have sole discretion that all safety rules and regulations, Standard Operating Procedures and other related regulations are appropriate and applicable to the working conditions and conduct of the Other Services.
E. Restricted Periods for Non-Emergency Other Services
The Parties agree that non-emergency Other Services should be provided effectively without undue burden on either party. The City will not request, and TriMet will have no obligation to provide, non-emergency Other Services on Martin Luther King Day, Memorial Day, Starlight and Grand Floral days, Rose Festival Air Show days, Independence Day, Labor Day, Halloween, Thanksgiving Day and weekend, Christmas Day · and any adjoining weekend day(s), New Year's Eve and New Year's Day.
F. Cost Reimbursement
TriMet's Other Services for Streetcar operations will be provided to City on a cost reimbursement basis. Except for propulsion power costs as set forth above, the City will reimburse TriMet for all of its direct and indirect costs in furnishing personnel, materials, and use of equipment in providing the Other Services. Labor rate indirect cost elements will include TriMet's personnel benefit costs (excluding Other Post Employment Benefits -
Page 9 of 25 OPEB), and will include TriMet's 10% administrative overhead for supervision of Other o Services personnel and work. in oo At the beginning of each fiscal year, TriMet will send to the City the budgeted unit costs of I:-= wages, benefits, overtime and overhead for TriMet personnel, and for use of equipment, in 00 providing the Other Services. \=4 TriMet will submit a monthly invoice to the City for its direct and indirect costs and in accordance with the unit costs for the fiscal year referenced in this section, for Other Services furnished to the City, during the preceding month. The invoice also will include the monthly cost of propulsion power supplied by TriMet to the City. The invoice will be supported by a detailed accounting of personnel, materials, and equipment used in providing the Other Services, and accompanying costs incurred. The City will make monthly payments to TriMet within 30 days of receiving a TriMet Other Services invoice. Any invoices remaining unpaid when due will accrue interest at a rate of 0.75% per month.
V. Other Considerations
A. Startup Costs
Startup costs are costs such as vehicle testing, operator hiring and training, mechanic hiring and apprenticeship training and other costs incurred prior to the beginning of revenue service of a new Streetcar extension, such as the Loop Project, that are reasonably necessary to prepare for startup.
Streetcar Loop Project startup costs are eligible for reimbursement under the Loop capital project. Separately from this IGA, the City and TriMet will agree on a budget for startup costs for the Loop Project.
CTL startup costs will be for additional Streetcar operators transferred from TriMet to the City for the CTL Project, for ( 1) initial Streetcar training of such additional operators, (2) to enable training of all Streetcar operators on the new CTL segment, and (3) to enable CTL simulated revenue operations beginning August 30, 2015, all preceding the CTL revenue service startup date of September 12, 2015. The City agrees to reimburse TriMet for these CTL startup costs in the same manner as regular "TriMet Personnel for Streetcar Operations" operating costs as provided under Section III, Subsections A and B of the Agreement.
B. (not used)
C. (not used)
D. Streetcar/MAX Track Crossings Operations and Maintenance
In the immediate area of crossings of TriMet's light rail and City's Streetcar tracks, the Parties agree to specific operations and maintenance rights, responsibilities and operating procedure protocols.
TriMet and the City agree to treat Streetcar's operations across TriMet's Tilikum Crossing, between Streetcar's Moody / Meade and OMSI / SE Water stations, as a Streetcar crossing Page 10 of25 of TriMet's light rail tracks, in accord with the provisions of this Subsection D, and other specific provisions of this Agreement pertaining to Streetcar use of the Tilikum Crossing.
Locations and protocols for all crossings, other than those associated with TriMet's Tilikum o Crossing, are as set forth in the attached and incorporated Exhibit B. Locations and u, protocols for crossings associated with the Tilikum Crossing are as set forth in the attached 00 and incorporated Exhibit C. ~
I. Crossing Area Operating Procedures - Normal Operating Conditions
All train movements within each crossing area will be under the authority of TriMet's light rail personnel. During nonnal operating conditions, train movements within each crossing area will be regulated by rail and traffic signals within the crossing area and operated in accordance with mutual Standard Operating Procedures (SOPs) of the Parties.
All track-access within each crossing area will be subject to TriMet's light rail track- access procedure.
2. Crossing Area Operating Procedures - Non-normal Operating Conditions
Non-normal operating conditions within a crossing area are those which prevent train operations within the crossing area according to the Parties' SOPs for normal operating conditions. Non-nonnal operating conditions include, but are not limited, to light rail incident/accident, Streetcar incident/accident, light rail/Streetcar joint incident/accident, other party incident/accident ( e.g., fire in area), winter stom1 conditions preventing normal operations and track/electrification/ signal defect or damage conditions. All train movements within each crossing area will be under the authority of TriMet's light rail personnel.
If a non-normal operating condition results in closure of a Streetcar/MAX track crossing (including the Tilikum Crossing) to Streetcar operation, the City may request that TriMet provide "bus bridge" service substituting for the interruption of Streetcar service, under the provisions of Section IV of this Agreement (Other TriMet Services for Streetcar Operations & Maintenance). The City will be responsible for reimbursing TriMet's cost of such bus bridge service, unless otherwise agreed by the paiiies for a specific instance.
3. Crossing Area Maintenance Procedures and Responsibilities
TriMet will have physical custody of, and will perform all scheduled and unscheduled maintenance for each crossing ai·ea track (excluding street surfaces along the Streetcar trackway outside of TriMet's light rail trackway, which will be maintained by the City, except that Streetcar track in the South Waterfront MAX station area shall be considered as within TriMet's light rail trackway), overhead electrification, and railway signals facilities and equipment of both parties, as described in Exhibits B and C. TriMet's labor and equipment for maintenance services (but excluding spare parts) to Streetcar track, overhead electrification, and railway signals facilities or equipment within each crossing area, will be provided without charge to City, with
Page 11 of25 such maintenance services considered as outside the scope of Section IV of this Agreement, Other TriMet Services for Streetcar Operations and Maintenance.
City will report, through its Streetcar operating and maintenance personnel, to TriMet light rail Operations Control any defect or damage to Streetcar track, overhead electrification or railway signals facilities and equipment within a crossing area. If the crossing facilities or equipment defect or damage has resulted in suspension of Streetcar operations, TriMet will assign highest priority to repair of such crossing facilities or equipment so as to enable restoration of Streetcar operations, unless light rail operations are coincidently suspended, for any reason, in which case the repair of such crossing facilities or equipment to enable restoration of Streetcar operations will have highest priority following the restoration of light rail operations.
4. Crossing Area Spare Parts for Streetcar System
TriMet will have physical possession of spare parts for the Streetcar system track, overhead electrification or railway signal facilities of equipment within MAX/Streetcar areas as set forth in Exhibits B and C. Through the procedures of Section IV, Other TriMet Services for Streetcar Operations and Maintenance, the Parties' Authorized Representatives will agree on and maintain a list of Streetcar spare parts, which should be stocked by TriMet for crossing area maintenance. Upon usage by TriMet of a crossing area Streetcar spare part for scheduled or unscheduled maintenance, TriMet will procure replacement of such spare part and will invoice City for reimbursement of such expense.
VI. General Provisions
A. Documents and Inspection of Records
The City will maintain such records, documents, reports and data for a period of six (6) years that are necessary to show the operating costs of the Streetcar. TriMet will maintain such records, documents, reports and data for a period of six (6) years that are necessary to substantiate TriMet funding or provision of other services for the Streetcar system. The City will permit TriMet, and TriMet will permit the City, and their respective authorized representatives to inspect all records, documents, reports and data associated with this IGA.
B. Independent Contractor
In com1ection with this IGA, each Party is an independent contractor and will have no authority to bind or commit the other. Nothing herein will be deemed or construed to create a joint venture, joint employment, partnership or agency relationship between the Parties for any purpose.
C. Liability/Indemnification
1. Design and Construction
The Parties acknowledge and agree that TriMet has no responsibility for the design and construction of the Streetcar system. Subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, City agrees to defend, hold harmless and Page 12of25 indemnify TriMet and its officers, agents and employees from any liability, settlements, costs and expenses, including but not limited to attorney fees, arising out of any action, suit or claim in connection with the design and construction of the 0 Streetcar system. l.Q co 2. Operations and Maintenance l'-=» 00 a. Streetcar System Operations and Maintenance
Except as provided in VI.C.2.b herein, the parties acknowledge and agree that TriMet has no responsibility for the operation and maintenance of the Streetcar system. Subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, City agrees to defend, hold harmless and indemnify TriMet and its officers, agents and employees from any liability, settlements, losses, costs and expenses, including but not limited to attorney fees, arising out of personal injury or property damage resulting from operation and maintenance of the Streetcar system. This includes personal injury or prope1iy damage resulting from actions or inactions of TriMet employees provided to the City under this Agreement, unless the actions or inactions of the TriMet employees are caused by TriMet, in which case TriMet agrees, subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, to defend, hold harmless and indemnify the City and its officers, agents and employees from any settlements, losses, costs and expenses, including but not limited to attorney fees. This defense, hold harmless, and indemnification provision also applies to claims or potential accessibility claims filed by non-employees under Title II of the Americans with Disabilities Act or other civil rights laws.
b. Streetcar/MAX Track Crossing Facilities Maintained by TriMet
The parties acknowledge and agree the City has no responsibility for maintenance of the Streetcar/MAX track crossing facilities as set forth in Exhibits B and C. Subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, TriMet agrees to defend, hold harmless and indemnify the City and its officers, agents and employees from any liability, settlement, costs and expenses, including but not limited to attorney fees, arising out of personal injury or property damage resulting from the actions or inactions of TriMet employees unde1iaking the work as described in Section V, Other Considerations, Subsection D, Streetcar/MAX Track Crossings Operations and Maintenance, Paragraph 3, Crossing Area Maintenance Procedures and Responsibilities.
c. Streetcar Operations on Tilikum Crossing
Notwithstanding the provisions of V.D and VI.C.2.b herein, which treat Streetcar's operations across TriMet's Tilikum Crossing in accord with the provisions of this Agreement pertaining to Streetcar/MAX Track Crossings, and consistent with the provisions of VI.C.2.a herein, the City agrees to defend, hold harmless and indemnify TriMet and its officers, agents and employees from any liability, settlements, losses, costs and expenses, including but not limited to attorney fees, arising out of personal injury or property damage resulting from operation of streetcars on the Tilikum Crossing, subject to the limits of the Page 13 of25 Oregon Tort Claims Act and the Oregon Constitution. Incuned costs and expenses under this indemnity by City shall include any TriMet costs for "bus bridge" substitute bus service, and City loss of Streetcar fares, if any, due to intenuption of Streetcar Close the Loop ("CTL") service across the Tilikum Crossing, for any reason, whether related to Streetcar or TriMet operations on the bridge, or other causes, including scheduled or unscheduled TriMet maintenance operations on the bridge. However, TriMet's indemnity to City for maintenance of Streetcar/MAX crossings, as provided in VI.C.2.b herein, shall apply to City's personal injury or property damage expenses resulting from the actions or inactions of TriMet's Tilikum Crossing maintenance.
3. Employment
Subject to the limits of the Oregon To1i Claims Act and the Oregon Constitution, TriMet agrees to defend, hold harmless and indemnify the City and its officers, agents and employees from any liability, settlements, losses, costs and expenses, including but not limited to attorney fees, arising out of any action, grievance, complaint, suit, or claim by TriMet employees or the Amalgamated Transit Union resulting from actions or inactions of TriMet or its officers, agents, or employees under this Agreement.
D. Early Termination
Either Party may terminate this IGA upon 12-month written notice. Any termination will not prejudice any rights or obligations accrued to the Parties prior to termination.
E. Compliance with Laws
The Parties will comply with all applicable federal, state and local laws, rules and regulations applicable to the work as set forth in this IGA.
F. Communications
All notices or communications related to this IGA will be in writing and will be considered sufficiently given if addressed and mailed by first class mail, as follows:
To the City: Kathryn Levine Streetcar and Transit Partnerships Manager Portland Bureau of Transportation 1120 SW 5th Avenue, Room 800 Portland OR 97204
To TriMet: Dee Brookshire Executive Director, Finance & Administration TriMet 1800 SW 1st Avenue, Suite 300 Portland OR 97201
The Parties may change the contact person or the Communications address by g1vmg written notice of the changes as provided in this Section. Page 14 of25 G. Amendments
This IGA my not be changed, modified or altered except by written amendment executed by the Parties.
H. Assignment
TriMet will not assign or subcontract any of its rights or responsibilities under this IGA without obtaining the City's prior written consent. Any assignment or subcontract by TriMet will not relieve TriMet of any of its responsibilities under this IGA.
The City will not assign any of its rights or responsibilities under this IGA without obtaining TriMet's written consent. Nothing in this IGA will prevent the City from subcontracting aspects of the operation of the Portland Streetcar system as the City deems appropriate. Any assignment or subcontract by the City will not relieve the City of any of its responsibilities under this IGA.
I. Mediation
Except for the agreement on the annual budget as provided in II.A. Funding Process and Amounts of this IGA, should any dispute arise between the Parties concerning this IGA which is not resolved by mutual agreement, the dispute will be submitted to non-binding mediation prior to any party commencing litigation. In the event of such non-binding mediation, the Parties to this IGA will paiiicipate in good faith. The mediator will be selected by mutual agreement of the Parties, but in the absence of such agreement, each Party shall select a temporary mediator, and those mediators ·shall jointly select the permanent mediator. All costs of mediation will be borne equally by the Parties.
J. Severability
If any Section of this IGA is found invalid, all remaining Sections will remain in effect.
K. Waiver of Breach
Any waiver of any breach or failure to enforce any of the terms and conditions of this I.GA at any time will not affect, limit or waive the rights of either party to enforce and compel compliance with every term and condition of this IGA. Neither party will be relieved of its obligations to comply with any provisions of this IGA by reason of any failure of the other party to enforce prompt compliance.
L. No Third Party Beneficiary
The City and TriMet are the only parties to this IGA and, as such, are the only parties entitled to enforce its terms. Nothing in this IGA gives or will be construed to give or provide any legal right or benefit, direct, indirect or otherwise, to any other party.
M. Integration
Page 15 of25 This IGA constitutes the entire agreement of the Parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of any kind.
Page 16of25 Section II.A - Exhibit 1 1 87850 PORTLAND STREETCAR Master Agreement Cost Responsibility
Number of Oeerators 42 OPS 540PS 540PS 540PS Line Service Frequency NS 14/CL 14 NS 14/CL 14 NS 14/CL 14 NS 14/CL 14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 1 Streetcar Operating Budget 10,845,745 12,896,572 13,182,609 13,583,452 2 (City Asset Mgmt Offset) (634,542) (685,309) (705,868) (727,044) Net City Operating Budget 10,211,203 12,211,263 12,476,741 12,856,408 3 PSI Operating Budget 812,000 840,803 866,027 892,008 4 Total Operating Budget 11,023,203 13,052,066 13,342,768 13,748,416 Allocation of Service 5 NS Op Percentage 6 50.00% 6 42.86% 6 42.86% 6 42.86% 6 CL Op Percentage 6 50 .00% 8 57.14% 8 57.14% 8 57 .14%
7 PSI/City Streetcar Sponsors . 250,000 260,000 280,000 286,650 8 PSI/City Streetcar Revenues 1,110,000 1,340,000 1,340,000 1,440,000 9 TriMet Fare Sales Reciprocity* 1,000,000 1,211,958 1,500,000
10 Total Net to Allocate 9,663,203 10,452,066 10,510,810 10,521,766
11 NS Line 4,831,602 4,479,457 4,504,633 4,509,328 12 TriMet Share 45.51% 2,198,862 73.33% 3,284,786 73.33% 3,303,247 85.00% 3,832,929 13 City Share 54.49% 2,632,740 26.67% 1,194,671 26.67% 1,201,386 15.00% 676,399
14 CL Line (Loop) 4,831,602 5,972,609 6,006,177 6,012,438 15 Tri Met Share 45.51% 2,198,862 50% 2,986,305 50% 3,003,089 50.00% 3,006,219 16 City Share 54.49% 2,632,740 50% 2,986,305 50% 3,003,089 50.00% 3,006,219 17 TriMet Operations Cost 6,089,264 7,575,093 7,814,843 8,056,153
18 TriMet Master Agreement 4,260,155 6,271 ,090 6,306,336 6,839,1 48 TriMet Ops Pmt + Fares* 7,518,294 19 4,260,155 7,271 ,090 8,339,148
20 City Master Agreement: Ops 3,921,931 4,180,976 4,204,474 3,682,618 1,389,117 2 1 City Other City and PSI Ops Pmt +Fares 6,671,048 5,780,976 5,824,474 5,409,268 2 1 2 2 City Master Agreement Capital 0 319,024 295,526 817,382 2 3 Total City Contribution (Ops+ Capital) 4,500,000 4,500,000 4,500,000
* FY 16/17 and 18/19 Tri Met fare sales reciprocity funds are expected to be collected by the City via the "e-Fare" system
Page 17 of25 Section II.A - Exhibit 2 187850 PORTLAND STREETCAR Master Agreement Cost Responsibility
Number of Operators 55 56 56 56 56 56 Adds 1 Operator, and Loops Reach 1/3 1 Utility Worker NS Line Full Maturity of Maturity Target 3% Inflation 3% Inflation FY 15-16 FY 16-17 FY 17-18 projected FY 18-19 projected FY 19-20 projected FY 20-21 projected 2 City Staff Costs 2,256,593 2,478,091 2,552,434 2,629,007 2,707,877 2,789,113 3 City M&S (less PSI and TriMet) 2,571,779 2,597,497 2,623,472 2,649,706 2,676,204 2,702,966 4 City Internal Services 325,038 334,789 344,833 355,178 365,833 376,808 5 E-Fare Capital Payments ($1.3m)1 0 216,667 433,333 433,333 216,667 0 6 E- Fare Operating Costs 0 120,000 240,000 240,000 240,000 240,000 7 TriMet Staff Costs 7,575,093 7,750,305 7,982,814 8,222,298 8,468,967 8,723,036 8 TriMet Other Services 51,500 53,045 54,636 56,275 57,964 59,703 9 PSI Operating Budget (per Contract) 906,053 955,142 980,796 1,007,220 1,037,437 1,068,560 10 Total Streetcar Operating Budget 13,686,056 14,505,536 15,212,318 15,593,018 15,770,948 15,960, 186 11 (City Asset Mgmt Offset) (685,309) (705,868) (727,044) (748,855) (771,321) (794,461) 12 Net City Operating Budget 13,000,747 13,799,668 14,485,274 14,844,163 14,999,627 15,165,725 Allocation of Service 13 NS Op Percentage 6 42.86% 6 42.86% 6 42.86% 6 42.86% 6 42.86% 6 42.86% 14 A/B Loop Op Percentage 8 57 .14% 8 57.14% 8 57.14% 8 57.14% 8 57 .14% 8 57.14%
15 PSI/City Streetcar Sponsors 300,000 309,000 318,270 327,818 337,653 347,782 16 PSI/City Streetcar Revenues 1,320,000 1,000,000 750,000 500,000 250,000 250,000 17 Fare Reciprocity (per Efare adoption rate) 1,000,000 1,000,000 500,000 0 0 0 18 Est. E-Fare Gross Revenue to City2 0 400,000 1,300,000 2,000,000 2,250,000 2,250,000 19 Total Fares and Sponsors 2,620,000 2,709,000 2,868,270 2,827,818 2,837,653 2,847,782 20 Net to City after E-Fare Capital Costs 2,492,333 2,434,937 2,394,485 2,620,986 2,847,782 21 Total Net to Allocate* 10,380,747 $10,874,001 $11,183,671 $11,583,011 $11,945,308 $12,317,943
22 NS Line 4,448,892 4,660,286 4,793,002 4,964,148 5,119,418 5,279,118 23 TriMet Share 73.33% 3,262,372 73.33% 3,417,388 85.00% 4,074,051 85.00% 4,219,526 85.00% 4,351,505 85.00% 4,487,251 24 City Share 26.67% 1,186,519 26.67% 1,242,898 15.00% 718,950 15.00% 744,622 15.00% 767,913 15.00% 791,868
25 A/8 Loops 5,931,855 6,213,715 6,390,669 6,618,864 6,825,890 7,038,824 26 TriMet Share 50% 2,965,928 50% 3,106,857 50% 3,195,334 62% 4,103,695 62% 4,232,052 62% 4,364,071 27 City Share 50% 2,965,928 50% 3,106,857 50% 3,195,334 38% 2,515,168 38% 2,593,838 38% 2,674,753 28 TriMet Master Agreement Contribution 6,228,300 6,524,245 7,269,386 8,323,221 8,583,557 8,851,322 29 Fare Reciprocity/E-Fares 1,000,000 1,000,000 500,000 0 0 0 30 Total TriMet Contribution3 7,228,300 7,524,245 7,769,386 8,323,221 8,583,557 8,851,322 31 City Master Agreement Contribution 4,152,447 4,349,756 3,914,285 3,259,790 3,361,751 3,466,621 32 City Payments and Fares 5,772,447 6,275,423 6,715,888 6,520,941 6,416,071 6,314,403 33 Total City and TriMet Contributions 13,000,747 13,799,668 14,485,274 14,844,163 14,999,627 15,165,725 34 Funds Remainning for Capital (City) 347,553 150,244 585,715 1,240,210 1,273,249 1,307,429 35 Total City Contribution (Ops+ Capital) 4,500,000 4,500,000 4,500,000 4,500,000 4,635,000 4,774,050 1. E Fare Revenue Assumptions: 1/2 FY capital payments for first/last years with 2 full years of payment between. 3 calendar years to pay off capital plus $20,000 per month in on-going costs. Total Net to Allocate removes the capital cost of e-fare. 2. FY 16-17 assumes migration of fares from TVM and on-board machines to E-Fare cards, and matches the adoption rate provided by TriMet for Jan . 1 2017 launch. 3. TriMet Contribution for a fiscal year is subject to subsequent adjustment upon annual audit and reconciliation of actual Streetcar operating costs and revenues for that fiscal year, per Section II.A.
Page 18 of25 Section III.A - Exhibit A 1 8 78 5 0 Terms and Conditions - TriMet Personnel for Streetcar Operations
1. Streetcar Depruiment - TriMet will establish a separate Streetcar department within its Operations Division and designate employees to work in the Streetcar Department, in accordance with Section III. TriMet Personnel for Streetcar Operations of this IGA and the Portland Streetcar Supplemental Working and Wage Agreement between TriMet and its represented employees Association. TriMet will only provide personnel in the classifications of Streetcar Operator, Streetcar Maintenance Technician, and Streetcar Superintendent. The persom1el required by the City will be assigned to the City from the Streetcar Department.
2. Employee Status - The City will reimburse TriMet for its direct and indirect cost of providing employees. The employees of TriMet who perform services hereunder, however, will remain employees of TriMet. TriMet will be responsible for tax withholdings, salaries, unemployment insurance, workers compensation coverage, social security contributions, and employee benefits such as vacation, sick pay, disability, insurance, and pensions of the TriMet employees.
3. Personnel Report Exclusively to the City - The personnel provided by TriMet pursuant to the IGA will report directly and exclusively to the City, and the City Streetcar managers will be responsible for managing the personnel and for assigning and approving any and all work performed by them. The City will supply and provide the personnel with access to all facilities, equipment, and tools necessary for the personnel to perform their duties for the City; will obtain all consents and approvals from third parties required to enable the personnel to perform work and have access to needed facilities, equipment, and tools and will establish work rules and standard operating procedures in consultation with TriMet.
TriMet operations managers and City's Streetcar managers will collaborate during transfers of TriMet personnel to and from the Streetcar Department to maintain consistent employee . performance standards and supervision and continuity of employee records documenting performance, corrective actions taken, and coaching/counseling sessions.
For significant Streetcar incidents, including collisions and derailments, Streetcar's investigation team will include TriMet safety and operations managers, and Streetcar managers will consult with TriMet safety and operations managers to include relevant consideration of the Streetcar Department employee's combined TriMet/Streetcar work record in determination of corrective actions and/or consequences.
4. Number of Personnel Supplied; Budget - On or before each January 1 during the tenn of the Agreement, the City and TriMet will agree on the number of personnel to be provided to the City for the following fiscal year. Following agreement on the number of personnel to be provided for the next fiscal year, TriMet will make its best efforts to provide personnel from the Streetcar Department to the City, based on TriMet's next regular or appropriate workforce sign-up.
5. Additional Personnel - In the event the City notifies TriMet that the City requires more personnel during the year than initially determined under paragraph 4 above, TriMet will use its best efforts to provide the additional personnel to the City, and the City will reimburse TriMet for its direct ru1d indirect cost of supplying the additional personnel.
Page 19 of25 1 8 78 50 . 6. Selection of Personnel - On agreement on the number of personnel for the following fiscal year as set out in Paragraph 4 above, on notification by the City as set out in Paragraph 5 above, and on the City's notification to TriMet of vacancies in the number of Streetcar personnel, TriMet will offer the openings in the Streetcar Department to its employees. TriMet will offer the openings, at the next regularly scheduled workforce sign-up to those eligible TriMet employees who apply and meet the job qualifications established by the City. The employees selected will be designated to work in the Streetcar Department and will be assigned work by the City. If the number of applicants selected for the Streetcar Department is less than the number of City openings, TriMet will undertake to hire outside applicants for the remaining positions.
7. Training - The City will provide training Streetcar Department personnel for Streetcar operations. Any training provided by TriMet will be the subject of separate cost ·reimbursement agreements between the City and TriMet as set out in Section IV . Other TriMet Services for Streetcar Operations and Maintenance of this IGA.
8. Work Assignments - On completion of Streetcar Department training, the City will assign Streetcar department employees to Streetcar Department work and schedules in accord with a sign-up system to be developed by the City in consultation with TriMet. The work to be performed by Streetcar Department employees will be as set out in job descriptions developed by the City and provided by the City to TriMet. When TriMet employees are in Streetcar Department training or assigned to Streetcar Department work, they will be supervised by and subject to directions (including designation of their place of work and reporting) of the City's Streetcar Manager of Operations and Safety, Manager of Maintenance or their designees.
9. Work Hours - The City may schedule five (5) 9-hour day or four (4) IO-hour day workweeks, or such other shift durations and workweeks as may be agreed to by the City and TriMet. If the City schedules 10 hour shifts, it may abandon the 10 hour shifts at its discretion.
10. Overtime - The City will reimburse TriMet at a rate of time and one half for employee hours worked in excess of 10 hours on any one 4/10 shift and in excess of 8 hours on any one 5/8 shift.
11. Extra Board - The TriMet Extra Board will not be used for Streetcar Department work.
12. Grievances - Pursuant to the Portland Streetcar Supplemental Working and Wage Agreement between TriMet and its represented employees Association, Streetcar Depmiment grievances will be subject to adjustment through the contractual grievance and arbitration procedure, except that Department Director references will be deemed to mean the City's Streetcar Project Manager or designee and the employer grievance committee designees will be appointed by TriMet. City's Streetcar managers will be responsible for timely response to Streetcar Department personnel issues and grievances, in the same manner as TriMet managers for non-Streetcar Department TriMet employees. No grievance adjustment under this paragraph will be deemed to establish a practice or any precedent for non-Streetcar Department operations, and no grievance adjustment for non- Streetcar Department operations will be deemed to establish a practice or any precedent for Streetcar Department operations. City's Streetcar managers will consult with TriMet operations and labor relations managers for consistent grievance administration and record keeping. TriMet agrees that no streetcar grievance will be settled without notification to and consultation with Streetcar managers.
Page 20 of 25 1 87850 Section V.D - Exhibit B
Streetcar/MAX Track Crossing Facilities Maintained by TriMet
OVERHEAD ELECTRIFICATION:
Streetcar Alignment MAX Alignment TriMet OCS Ins12ection & Maintenance Res12onsibilities
Q SW 10th A venue • SW Yamhill Street Streetcar's Northbound track is crossing TriMet's • SW Morrison Eastbound and Westbound Blue Line track. TriMet's Street responsibility lies between the non-bridging section insulators on 10th Ave., one block North and one block South of TriMet's Blue line tracks.
e1 SW 11th A venue Streetcar's Southbound track is crossing TriMet's • SW Morrison Westbound and Eastbound Blue Line track. TriMet's Street responsibility lies between the non-bridging section • SW Yamhill Street insulators on 11th. Ave., one block North and one block South of TriMet's Blue line tracks.
• SW Market Street Streetcar's Southbound track is crossing TriMet's 6th Ave. and 5th Ave. Mall Line track. TriMet's • SW 6th Avenue responsibility lies between the section insulators • SW 5th A venue numbered 438 and 434.
., SW Montgomery St. Streetcar's Northbound track is crossing TriMet's 5th • SW Mill Street Ave. and 6th Ave. Mall Line track. TriMet's • SW 5th A venue responsibility lies between the section insulators • SW 6th Avenue numbered 439 and 435.
• NE 7th A venue Streetcar's Southbound track is crossing TriMet's Westbound and Eastbound Blue Line track. TriMet's • NE Holladay Street responsibility lies between the insulated overlap at station number 183+3 7 and the first non-bridging section insulator South of TriMet's Blue Line Eastbound track.
• NE Grand A venue Streetcar's Northbound track is crossing TriMet's Eastbound and Westbound Blue Line track. TriMet's • NE Holladay Street responsibility lies between the insulated overlap at station number 582+65 and the first non-bridging section insulator South of TriMet's Blue Line Eastbound track.
Page 21 of25 1 87850 TRACK:
The City shall maintain and repair all street surfaces within the crossing areas which extend beyond the existing TriMet MAX mainline maintenance responsibilities.
TriMet will inspect and maintain the track system components within the crossing areas as follows:
Streetcar Alignment MAX Alignment TriMet Track Inspection & Maintenance Responsibilities
• SW 10th Avenue • SW Yamhill Street 8 feet north of the centerline of the TriMet/Portland • SW Morrison Streetcar crossing diamond at SW I Qth and Mon-ison, Street running south to a point 10 feet south of the centerline of the Tri Met/Portland Streetcar crossing diamond at SW 1Qth and Yamhill. The identification of these limits will be and include the rail compromise joints located at both of these locations. • SW 11th Avenue • SW Morrison 14 feet north of the centerline of the TriMet/Portland Street Streetcar crossing diamond at SW 11th and Morrison, • SW Yamhill Street running south to a point 12 feet south of the centerline of the TriMet/Portland Streetcar crossing diamond at SW 11th and Yamhill. The identification of these limits will be and include the rail compromise joints located at both of these locations. Inspect and maintain the turnout #5 C to the heel of the frog joints (welded). • SW Market Street 23 feet east of the centerline of the TriMet/Po1iland • SW 6th Avenue Streetcar crossing diamond at SW 5th and SW Market, • SW 5th Avenue running west to a point 37 feet west of the centerline of the TriMet/Portland Streetcar crossing diamond at SW 6th and • SW Montgomery St. SW Market. • SW Mill Street • SW 5th Avenue 52 feet east of the centerline of the TriMet/Portland • SW 6th Avenue Streetcar crossing diamond at SW 5th and SW Montgomery, running northwest to a point 21 feet west of the centerline of the TriMet/Portland Streetcar crossing diamond at SW 6th • NE 7th A venue and SW Mill.
• NE Holladay Street 15feet south of the centerline of the TriMet Eastbound/Portland Streetcar crossing at NE 7th and NE Holladay, running north to a point 22feet north of the • NE Grand A venue centerline of the TriMet Westbound/Portland Streetcar crossing diamond at NE 7th and NE Holladay. • NE Holladay Street 20feet south of the centerline of the Tri Met Eastbound/Portland Streetcar crossing at NE Grand Ave and NE Holladay, running north to a point 25feet no11h of the centerline of the TriMet Westbound/Portland Streetcar crossing diamond at NE Grand and NE Holladay.
Page 22 of25 187850
RAILWAY SIGNALS:
Streetcar Alignment MAX Alignment TriMet Signals Ins2ection & Maintenance Res2onsibilities
• SW 10th Avenue • SW Yamhill Street City of Portland (COP) traffic controls. Not • SW Morrison maintained by TriMet Signals Dept. Street 11 SW 11th Avenue Inspect and maintain the TriMet train control signal • SW Morrison system at 11th; Morrison and 11th/ Yamhill. The Street identification of these limits will be the rail • SW Yamhill Street compromise joints located at both of these locations. Included will be the train to wayside (TWC) device starting at a point 135 feet north of the centerline of the TriMet/Streetcar crossing diamond at SW 11th and Morrison. This equipment has interface control with the TriMet train control and operation at this location. e SW Market Street City of P01iland (COP) traffic controls. Not maintained by TriMet Signals Dept. • SW 6th Avenue • SW Montgomery St. • SW 5th A venue City of P01iland (COP) traffic controls. Not • SW Mill Street maintained by TriMet Signals Dept. • SW 5th A venue • NE 7th A venue • SW 6th Avenue City of Portland (COP) traffic controls. Not maintained by TriMet Signals Dept. • NE Holladay Street City of Portland (COP) traffic controls. Not e NE Grand A venue maintained by TriMet Signals Dept. • NE Holladay Street
Page 23 of25 187850 Section V.D - Exhibit C
Streetcar Crossing of Tilikum Crossing ("TC") - Maintained by TriMet
TriMet Maintenance Responsibility Streetcar Route Description ocs TRACK SIGNALS On the Westside of the TC, Streetcar's Southbound NS On the Westside of the track; 108.49 feet North of the TC, at SW Moody & centerline of TriMet's Streetcar's NS Southbound track crosses TriMet's MAX SW Porter, TriMet's Northbound track, and I 02.29 Northbound and Southbound tracks. responsibility lies feet South of TriMet's between the non- Southbound track. The On the Westside of the TC, bridging section identification of these limits inspect and maintain the Tri Met insulators on Streetcar's includes the rail compromise Control System at SW Moody I NS tracks on SW joints at these locations. Porter. The limits will be Signals Moody, to the North On the Westside of the TC, SCI, SC2, SC3, and SC4, and to the South of Streetcar's Northbound NS including the A TS and TWC TriMet's MAX tracks, track, 14 7.41 feet North of the equipment associated with them. at Southbound stations center Iine of TriMet's Streetcar's NS Northbound track crosses TriMet's MAX 214+93, and 220+13.5, Northbound track, and 93.48 Northbound and Southbound tracks, and Streetcar's CL Southbound and at Nortbound feet South of TriMet's (counterclockwise) track. stations 314+76 and Southbound track. The 319+99. identification of these limits includes the rail compromise joints at these locations.
page I of 2
Page 24 of25 1 8785 0
TriMet Maintenance Responsibility Streetcar Route Description ocs TRACK SIGNALS Streetcar's CL Southbound (counterclockwise) track from Streetcar's Moody & Meade Station crosses TriMet's Northbound track and Streetcar's NS Northbound track. Streetcar's Southbound ' (counterclockwise) CL track is shared with bus traffic, and On the Eastside of the TC, separated from TriMet's MAX Southbound track through the MAX Streetcar's Northbound South Waterfront/ SW Moody Station. Streetcar's track merges (counterclockwise) CL track, with TriMet's MAX Southbound track East of the MAX South up to and including the Waterfront Station, and shares the track with MAX and bus traffic On the Eastside of the insulated joints at station Eastbound across the TC. On the East Side of the river, prior to the TC, at SE Water Ave., 15+55 Northbound. On the Eastside of the TC, MAX OMSI/SE Water Ave. Station, the Streetcar's CL TriMet's responsibility inspect and maintain the TriMet (counterclockwise) track diverges from TriMet's MAX Southbound starts to the South of Control System at OMS!/ SE track crosses TriMet's MAX Northbound track, and continues the non-bridging ' Water. The limits will be Signals Northbound (counterclockwise) to Streetcar's OMSI Station. section isolators on SC13 and SC14, including the Streetcar's CL Southbound (clockwise) track from Streetcar's OMSI Streetcar's CL tracks at A TS and TWC equipment Station merges with TriMet's Northbound MAX track West of the stations 26+26 associated with them. MAX OMSI/SE Water Ave. Station, and shares the track with Southbound, and 15+55 On the Eastside of the TC, TriMet MAX and bus traffic Westbound across the TC. Streetcar Northbound. Streetcar's Southbound diverges off TriMet's MAX Northbound track prior to the MAX (clockwise) CL track, up to South Waterfront/ SW Moody Station. Streetcar's CL Northbound and including the insulated (clockwise) track is shared with bus traffic, and separated from joints at station 26+26 TriMet's MAX Northbound track through the station. West of the Southbound. MAX South Waterfront Station, Streetcar's CL Northbound (clockwise) track crosses TriMet's MAX Northbound track and continues Northbound to Streetcar's Moody & Meade Station.
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Page 25 of 25 ~ ,,