Purchase Order Amendments for Professional Services and Non-Competitive Contract with Jordan Sook Studios Inc., for the Provision of Public Art - New Etobicoke Civic Centre

In December 2023, City Council approved the award for general contracting services to Multiplex Construction Canada Limited (Multiplex) and construction of the new Etobicoke Civic Centre commenced in March 2024. Construction has advanced to the above‑grade phase, with concrete work on the podium floors nearing completion. As vertical construction continues, the pace of activity is expected to accelerate over the coming months. The building exterior is in production with installation planned to begin later this year. The project currently remains on budget and on schedule. The purpose of this report is to seek the necessary procurement authorities to amend the following existing purchase order agreements for contract administration and project management services to proactively strengthen elements of project delivery (e.g. extending the warranty period, enhancing contract administration and project management oversight services) and address client‑driven program and functional changes that emerged after the design was completed: - Amendment to Purchase Order Number 6053353 with Adamson Associates Architects (Adamson) to perform additional construction contract oversight services associated with the construction of the new Etobicoke Civic Centre. The total value of the purchase order amendment being requested is $1,705,928 net of all applicable taxes and charges ($1,735,952 net of Harmonized Sales Tax recoveries), revising the current purchase order value from $20,234,075 net of all applicable taxes ($20,590,194 net of Harmonized Sales Tax recoveries) to $21,940,002 net of all applicable taxes ($22,326,146 net of Harmonized Sales Tax recoveries). - Amendment to Purchase Order Number 6053178 with MGAC Canada ULC (MGAC), to perform continued project management services associated with the construction of the new Etobicoke Civic Centre. The total value of the purchase order amendment for MGAC being request is $2,310,827 net of all applicable taxes and charges ($2,351,498 net of Harmonized Sales Tax recoveries), revising the current purchase order value from $5,018,707 net of all applicable taxes ($5,107,036 net of Harmonized Sales Tax recoveries) to $7,329,534 net of all applicable taxes ($7,458,533 net of Harmonized Sales Tax recoveries). Strategic project management efforts generated cost savings from other project components that fully offset the requested purchase order amendments, enabling staff to proactively take measures to ensure the project remains positioned for successful delivery on budget and on time which is currently anticipated for the end of 2028. City Council approval is required to amend the purchase orders, in accordance with Section 71-11.1C of the Toronto Municipal Code, Chapter 71 Financial Control By-Law, where the current request exceeds the allowable threshold of $500,000. Additionally, this report seeks authority to enter into the following non-competitive contract for the provision of public art to be displayed in the multi-level atrium of the new Etobicoke Civic Centre: - Non-competitive contract with Jordan Sook Studios for the provision of public art at the new Etobicoke Civic Centre in the amount of $514,250 net of all applicable taxes and charges. Jordan Sook Studios was selected through a national design competition led by Economic Development and Culture in collaboration with Corporate Real Estate Management to create a landmark public sculpture that will be displayed in the multi-level atrium of the new Etobicoke Civic Centre. The competition was conducted following Economic Development and Culture's established practices for commissioning public art works, in alignment with the Council-approved Public Art Strategy. Under Municipal Code Chapter 195-7.1.(M), Procurement, a non-competitive procurement may be used to award a contract to the winner of a design contest, provided that the contest is organized in a manner that is consistent with the principle of fair competition contained in the Chapter, in particular relating to public advertising; and the participants are judged by an independent jury with a view to a design contract being awarded to a winner. City Council approval is required to award the contract, in accordance with Municipal Code Chapter 195, Procurement, Article 7, Section 195.7.3 (D) and to make a commitment as per the Toronto Municipal Code, Chapter 71, Financial Control, Section 71-11(A), where the request exceeds the threshold of $500,000 net of Harmonized Sales Tax.

2. City Council, in accordance with Section 71- 11.C of the City of Toronto Municipal Code Chapter 71, Financial Control By-law, grant authority to the Executive Director, Corporate Real Estate Management to amend Purchase Order Number 6053178 with MGAC Canada ULC, increasing the current purchase order value by $2,310,827 net of all applicable taxes ($2,351,498 net of Harmonized Sales Tax recoveries) revising the total purchase order value from $5,018,707 net of all applicable taxes ($5,107,036 net of Harmonized Sales Tax recoveries) to $7,329,534 net of all applicable taxes ($7,458,533 net of Harmonized Sales Tax recoveries). 3. City Council authorize the General Manager, Economic Development and Culture, to negotiate and execute a non-competitive agreement with Jordan Sook Studios for the provision of public art in the amount of $514,250 net of all applicable taxes and charges ($523,301 net of Harmonized Sales Tax recoveries) for a term beginning at the date of the contract award to September 1, 2028, with the option to extend for an additional one-year period, on terms and conditions satisfactory to the General Manager, Economic Development and Culture, and in a form satisfactory to the City Solicitor.