191971

The City of Portland ordains.

Section 1. The Council finds:

1. On August 8th, 2018 by Ordinance No. 189116, the City Council authorize a Design and Construction Management Services Agreement (Agreement) between the Tri- County Metropolitan Transportation District of Oregon (TriMet) and the City of Portland (City) for the Division Transit Project (Project).
    
2. Pursuant to ORS Chapter 190, the Parties have the authority to enter into this Agreement.
    
3. Metro began planning for the Powell-Division Corridor in 2014 by convening a project Steering Committee and holding a series of public open houses and meetings. 
    
4. On October 2, 2015, the Federal Transit Administration (FTA) approved the Powell-Division Corridor Project for entry into Small Starts Project Development.
    
5. The committee of key stakeholders and community members approved the Powell-Division Corridor Project plan, formally known as the “Locally-Preferred Alternative,” in November 2016. 
    
6. On December 7, 2016, the Portland City Council approved Resolution No. 37254 adopting the Locally Preferred Alternative for the Powell Division Corridor Project and conditions of approval. This Locally Preferred Alternative was unanimously approved by the City of Gresham, Metro Council, the Multnomah County Commission, and the TriMet Board of Directors. 
    
7. Powell-Division Corridor Project leadership was transferred from Metro to TriMet on December 20, 2016. The name of the Project was subsequently changed to the Division Transit Project to reflect the preferred alignment.
    
8. On March 22, 2017, the FTA approved the Project for project justification warrants, limiting the Project budget to less than $175 million.
    
9. On August 15, 2018, the Portland City Council approved Ordinance No. 189116 authorizing the execution of a financing agreement with TriMet to provide a portion of the total local match funding as required by the FTA.
    
10. On April 17, 2019, City Council approved Ordinance No. 189463 authorizing execution of an Intergovernmental Agreement (IGA) for design and construction services for the Project and accepting a grant from TriMet to compensate for city staff time. The IGA and subsequent Amendments (Ordinances No. 190120, No. 190473, and No. 190880), document understandings and agreements related to services provided between TriMet and the City.
     
11. On December 19, 2019, City Council approved Resolution No. 37471 accepting the Building Healthy Connected Communities Along the Division Transit Corridor Report and accepted a status report on the progress toward items listed in the Division Transit Project Locally Preferred Alternative Conditions of Approval, including an update on Project final design and construction approach. 
     
12. Construction of the Project began in January 2020 and was substantially complete in June 2022. The Project opened for passenger service in September 2022 as the first of its kind high-capacity bus service Frequent Express (FX), called the FX-2 Division. 
     
13. The Project reached its goal of awarding 20 percent of the design funding and 36 percent of the construction funding to Disadvantaged Business Enterprise (DBE) firms, supporting businesses owned by people of color and women.
     
14. Now, the FX-2 Division provides 15-miles (12 in Portland) of high-capacity bus service between Union Station in downtown Portland and the Cleveland Ave Park & Ride in downtown Gresham. The FX-2 Division includes longer buses and all-door boarding for faster stops, bus lanes at key locations, forty-two enhanced transit stations, twenty new signalized crosswalks with improved lighting, 167 new ADA ramps, 35 upgraded or rebuilt traffic signals with fiber communications for next-generation transit signal priority, approximately 4.6 miles of new protected bike lanes, approximately 81,000 square feet of new sidewalks on the corridor, and other improvements.
     
15. The City and TriMet now desire to describe and agree to their respective maintenance responsibilities for facilities in the public right-of-way constructed by the Project, which will take effect upon execution of this Agreement.
     

NOW, THEREFORE, the Council directs:

1. The City Administrator, or designee is hereby authorized to execute an IGA with TriMet for maintenance of the Division Transit Project, in a form substantially similar to the contract attached to this Ordinance as Exhibit A