Subway Agreement in Principle and Update on Metrolinx Subway Program - Third Quarter 2024

of Ontario, based substantially on the terms set out in Attachment 1 to the supplementary report (July 15, 2024) from the Executive Director, Transit Expansion and the Chief Financial Officer and Treasurer, and on such other terms and conditions satisfactory to the City Manager, in consultation with the Deputy City Manager, Infrastructure Services, the Chief Financial Officer and Treasurer, the Executive Director, Transit Expansion, and any other relevant officials, and in a form satisfactory to the City Solicitor. 2. Subject to entering into the Subway Program Agreement-in-Principle in accordance with Part 1 above, City Council authorize the Deputy City Manager, Infrastructure Services or designate and any other relevant City officials, to negotiate and execute any such necessary ancillary or related agreements, amendments and renewals with any other relevant parties, including a Subway Main Agreement, for the implementation of the Subway Program, all substantially in accordance with the terms included as Attachment 1 to the supplementary report (July 15, 2024) from the Executive Director, Transit Expansion and the Chief Financial Officer and Treasurer, the executed Subway Program Agreement-in-Principle, and on such other terms and conditions satisfactory to the Deputy City Manager, Infrastructure Services or designate, in consultation with the Chief Financial Officer and Treasurer, the Executive Director, Transit Expansion, and any other relevant officials, and in a form satisfactory to the City Solicitor. 3. City Council delegate authority to the Deputy City Manager, Infrastructure Services or designate, in consultation with the relevant Divisions, to oversee the management and implementation of the Subway Program Agreement-in-Principle, the Subway Main Agreement and any ancillary or related agreements, including, without limitation, providing all necessary consents, approving assignments and enforcement of warranties. 4. City Council delegate authority to the Deputy City Manager, Infrastructure Services or designate, in consultation with the relevant Divisions, to negotiate, enter into and execute agreements with Metrolinx and any other party, including amendments and renewals for new utility crossing, level crossings and grade separations, including terms related to cost-sharing for construction and on-going maintenance, if any, as appropriate. 5. City Council, with respect to the Subways Program: a. authorize the Deputy City Manager, Infrastructure Services or designate, in consultation with the relevant Divisions, to identify and approve the inclusion of enhancements to City infrastructure, as well as any investigative, planning and design studies considered necessary for City infrastructure and services in the vicinity of the work to deliver the Subway Program ("Additional Infrastructure") which Metrolinx's contractor will be asked to design and/or construct as part of the Subway Program, subject to the following conditions: 1. the Deputy City Manager, Infrastructure Services, in consultation with the Executive Director, Transit Expansion, the Chief Financial Officer and Treasurer and relevant Divisions, are of the view that the estimated price provided by Metrolinx for the Additional Infrastructure, as may be reviewed by an independent reviewer, is fair and reasonable in the circumstances; and 2. the funding for the estimated cost of the Additional Infrastructure is, or will be, available in the year required, within an approved capital budget; b. authorize the Deputy City Manager, Infrastructure Services or designate, in consultation with the relevant Divisions, to obtain and pay for estimates and pre-estimates for Additional Infrastructure from Metrolinx and/or Metrolinx's contractor; c. authorize the Deputy City Manager, Infrastructure Services or designate, in consultation with the relevant Divisions, to negotiate, enter into and execute Municipal Infrastructure Agreements with Metrolinx for Additional Infrastructure, including any amendments; d. authorize the Deputy City Manager, Infrastructure Services or designate, in consultation with the relevant City Divisions, to enter into cost-sharing arrangements with Metrolinx for services or infrastructure requested by the City for mutually beneficial projects in the vicinity of the Subway Program, or where the Province has agreed to cost-share with the City as their work on the Subway Program has created an incremental cost impact to the City's funded capital projects that are either planned or underway, as long as conditions in Parts 5.a.1. and 5.a.2. above are satisfied; e. notwithstanding City of Toronto Municipal Code Chapter 71, Financial Control, authorize the Chief Financial Officer and Treasurer to approve budget adjustments, provided that sufficient funds are available, and: 1. reallocate funds between capital projects or sub-projects in an amount not more than $3 million; and 2. report any exercise of this delegated authority to the appropriate standing committee at the first opportunity. 6. City Council authorize the General Manager, Transportation Services to negotiate, in consultation with the Toronto Transit Commission, and execute a TO360 Wayfinding Implementation Agreement, and any ancillary or related agreements and amendments, with Metrolinx for the Subway Program and other Metrolinx-led transit projects within the City of Toronto for the purpose of completing design studies, producing wayfinding maps and signs, sharing data and standards, and other deliverables as may be required to support wayfinding programs, in a form satisfactory to the City Solicitor. 7. City Council direct the Deputy City Manager, Infrastructure Services, to forward to the Chief Executive Officer, Metrolinx, the requests to review the Ontario Line Construction at Pape and Danforth from the May 18, 2024, meeting with the Greektown Business Improvement Area, Metrolinx staff, and the City of Toronto for consideration. 8. City Council receive Attachment 3 to the supplementary report (July 15, 2024) from the Executive Director, Transit Expansion and the Chief Financial Officer and Treasurer for information. Transit Ledger Clearing 9. City Council authorize the Chief Financial Officer and Treasurer to negotiate and execute an agreement with the Province of Ontario, in terms satisfactory to the Chief Financial Officer and Treasurer, in consultation with the City Manager, for the settlement and clearing of transit ledger items outlined in Confidential Attachment 1 to the supplementary report (July 15, 2024) from the Executive Director, Transit Expansion and the Chief Financial Officer and Treasurer, to fulfil a term in the Terms of the Ontario-Toronto New Deal, and in a form satisfactory to the City Solicitor. Scarborough Subway Extension - Eglinton East LRT Kennedy Station Interface 10. City Council direct the Executive Director, Transit Expansion to continue discussions with Metrolinx and the Province of Ontario to explore options that provide appropriate transit network integration between the Eglinton East Light Rail Transit and Scarborough Subway Extension at Kennedy Station. 11. City Council request the Minister of Transportation to direct Metrolinx to incorporate all necessary work to deliver the Scarborough Subway Extension - Eglinton East Light Rail Transit overbuild protection works (the "Overbuild") as part of the Scarborough Subway Extension contract, and City Council direct the Executive Director, Transit Expansion in consultation with the Chief Financial Officer and Treasurer, to engage in discussions with the Minister of Transportation regarding funding for the Overbuild. Other 12. City Council request Metrolinx to provide the City with an urgent update on the current status of construction on the Eglinton Crosstown Light Rail Transit, including a projected date for the commencement of revenue service. 13. City Council request the Deputy City Manager, Infrastructure Services to continue to advance the following goals around the sites of Ontario Line Construction in Ward 14: a. better engagement through the provision of a Metrolinx Community Office at Pape and Danforth; b. an improved tenant support strategy for current tenants who will be relocated and tenants who have previously been relocated by Ontario Line Construction; c. replacement of parking lost via the occupation of Toronto Parking Authority lots to continue to support local businesses and residents; d. additional construction mitigation measures in consultation with the local community, including the addition of construction hoarding with public art, to minimize impact and beautify the site; and e. maintaining a clean and accessible public realm around the construction site in consultation with business owners, and immediate improvements to remove obstructions in the vicinity of 777 Danforth Avenue. 14. City Council direct that Confidential Attachments 1 and 3 to the supplementary report (July 15, 2024) from the Executive Director, Transit Expansion and the Chief Financial Officer and Treasurer remain confidential in its entirety, as they contain confidential information supplied in confidence to the City of Toronto by the Province of Ontario and contains financial information related to ongoing negotiations with the Province of Ontario. 15. City Council authorize the public release of Confidential Attachment 2 to the supplementary report (July 15, 2024) from the Executive Director, Transit Expansion and the Chief Financial Officer and Treasurer following completion of the Scarborough Subway Extension project, as it contains commercial information, supplied in confidence to the City, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization and involves the security of the property belonging to the City of Toronto. Confidential Attachments 1 and 3 to the supplementary report (July 15, 2024) from the Executive Director, Transit Expansion and the Chief Financial Officer and Treasurer remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to information supplied in confidence to the City of Toronto by the Province of Ontario and contains financial information related to ongoing negotiations with the Province of Ontario. Confidential Attachment 2 to the supplementary report (July 15, 2024) from the Executive Director, Transit Expansion and the Chief Financial Officer and Treasurer remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains commercial information, supplied in confidence to the City, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization and involves the security of the property belonging to the City of Toronto. Confidential Attachment 2 to the supplementary report (July 15, 2024) from the Executive Director, Transit Expansion and the Chief Financial Officer and Treasurer will be made public following completion of the Scarborough Subway Extension project.