Item - 2026.SC33.20

The Acting Deputy General Manager, Transportation Services, recommends that:  

1. City Council authorize the General Manager, Transportation Services, in consultation with the City Solicitor and other appropriate City officials, to negotiate, enter into, execute, amend, administer agreements with Metrolinx respecting temporary retaining walls and other similar structures and installations installed wholly within the City road right-of-way and required for construction of the Scarborough Subway Extension project, including provisions respecting design, construction, access, inspection, monitoring, maintenance, insurance, indemnification, liability, removal, restoration, and other related matters, on terms satisfactory to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor.

2. City Council direct that the agreements contemplated in Recommendation 1 include indemnification and hold harmless provisions in favour of the City, on terms satisfactory to the General Manager, Transportation Services and the City Solicitor, respecting any claims (including third party claims), damages, costs, losses, and liabilities arising from or related to the temporary retaining walls and associated construction activities.

This report seeks City Council authority to enter into one or more agreements with Metrolinx respecting temporary retaining walls and other similar structures and installations required within the City road right-of-way for construction of the Scarborough Subway Extension (SSE) project.

Metrolinx identified several locations where temporary retaining walls are required to facilitate traffic diversions, excavation activities, and associated construction works. The temporary retaining walls will be constructed, maintained and removed by Metrolinx as part of the SSE project, with the affected portion of the road right-of-way restored upon completion of the works.

Transportation Services staff have determined that the delegated authority provisions under Chapter 743, Use of Streets and Sidewalks, of the Toronto Municipal Code do not clearly contemplate agreements for temporary retaining walls and other similar structures and installations located entirely within the public road right-of-way.

The proposed agreements will establish Metrolinx’s responsibilities with respect to the design, construction, inspection, maintenance, monitoring, insurance, indemnification, removal, and restoration of the temporary structures. The recommendations in this report authorize the General Manager, Transportation Services, in consultation with the City Solicitor, to negotiate, enter into, amend, and execute such agreements with Metrolinx.

The recommendations in this report have no direct financial impact on the City.

The costs associated with the design, construction, inspection, maintenance, monitoring, removal, and restoration of temporary retaining walls required for the Scarborough Subway Extension project will be borne by Metrolinx.

The agreements contemplated by this report will establish Metrolinx’s responsibilities with respect to the temporary retaining walls and will provide the City with appropriate insurance, indemnification, and protection from liabilities associated with the structures and related construction activities.